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FACULTY OF LAW

CENTRE FOR ADVANCED LEGAL STUDIES


MASTER IN EUROPEAN CRIMINOLOGY
TIENSESTRAAT 41
B-3000 LEUVEN (BELGIUM)

KATHOLIEKE
UNIVERSITEIT
LEUVEN

The Role of European Forensic Science Institutes in


the Fight Against Crime: How to Get Them Better
Involved

Promoter: Prof. Frank Hutsebaut

M.A. Paper presented to obtain the


degree of Master in European
Criminology (M.A.) submitted by
Ekrem Malkoc

Academic Year 2004-2005

Contents
LIST OF ABBREVIATIONS

ABSTRACT

INTRODUCTION

1.

FORENSIC SCIENCE AND THE FIGHT AGAINST CRIME

1.1.
1.2.
1.3.
1.4.
2.

FORENSIC SCIENCE AND CRIMINOLOGY


ANALYSIS OF CRIME
CRIME SCIENCE
FORENSIC SCIENCE AND CRIME PREVENTION
FORENSIC SCIENCE IN EUROPE

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2.1. BACKGROUND
2.1.1. FORENSIC SCIENCE COOPERATION AND INITIATIVE IN EUROPE
2.1.2. ABOUT ENFSI
2.1.3. PROMOTION OF FORENSIC SCIENCE IN THE EU
2.2. RELEVANT LEGAL INSTRUMENTS
2.2.1. GENERAL EU LEGAL PERSPECTIVE
2.2.2. EUROPEAN EVIDENCE WARRANT
2.2.3. EU COUNCIL RESOLUTIONS ON THE EXCHANGE OF DNA ANALYSIS RESULTS
2.2.4. EU COUNCIL RECOMMENDATION ON TAKING SAMPLES OF SEIZED DRUGS
2.2.5. COMMUNICATION FROM THE COMMISSION ON ENHANCING POLICE AND CUSTOMS COOPERATION IN THE EU
2.2.6. COUNCIL DECISION ON FORENSIC PROFILING ANALYSIS OF SYNTHETIC DRUGS
2.2.7. COE RECOMMENDATION ON UNIFORM RULES FOR MEDICO-LEGAL AUTOPSIES
2.2.8. COE RECOMMENDATION ON THE USE OF DNA ANALYSIS

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3.

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THE ISSUE OF ACCREDITATION

3.1.
3.2.
3.2.1.
3.2.2.
3.3.
3.4.
4.

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WHY IS IT NEEDED?
ISO/IEC 17025 AS A FORENSIC SCIENCE LABORATORY STANDARD
INTERNATIONAL LABORATORY ACCREDITATION COOPERATION
ILAC-G19:2002 - GUIDELINES FOR FORENSIC SCIENCE LABORATORIES
PROBLEM AREAS
THE ISSUE OF HARMONIZATION

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ANALYSIS BASED ON EMPIRICAL DATA FROM LABORATORIES

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4.1.1.
4.1.2.

GENERAL STRUCTURE
QUALITY ASSURANCE AND ACCREDITATION

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37

5.

CONCLUSION AND RECOMMENDATIONS

43

ANNEX 1 - ENFSI QUESTIONNAIRE FORM

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ANNEX 2 - ENFSI QUESTIONNAIRE CODING SCHEME

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BIBLIOGRAPHY

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

List of Abbreviations
ASCLD

American Society of Crime Laboratory Directors

APLAC

Asia Pacific Laboratory Accreditation Cooperation

BOCSAR

Bureau of Crime Statistics and Research

BRT

Burglary Reduction Teams

CAC

California Association of Criminalists

CoE

The Council of Europe

EA

The European co-operation for Accreditation

ENFSI

European Network of Forensic Science Institutes

ESS

European Standard Set

EU

The European Union

FBI

US Federal Bureau of Investigation

FLINTS

Force Linked Intelligence System

FP6

The Sixth Framework Programme

IC

Information and Communication

IEC

International Electrotechnical Commission

ILAC

International Laboratory Accreditation Cooperation

ISO

International Organization for Standardization

JHA

Justice and Home Affairs

MoU

Memorandum of Understanding

OBE/BKO

Belgian Calibration Organization

PCWG

EU Police Cooperation Working Group

QCC

ENFSI Standing Committee on Quality and Competence

RvA

Raad voor Accreditatie, Dutch council for accreditation

SAG

SMANZFL Scientific Advisory Group

SMANZFL

Senior Managers of Australian and New Zealand Forensic Laboratories

SPSS

Statistical Package for the Social Sciences

SWGDOC

FBI Scientific Working Group for Document Examination

SWGMAT

FBI Scientific Working Group for Materials Analysis

TEU

Treaty on the European Union

UKAS

The United Kingdom Accreditation Service

US

The United States

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Abstract
It is argued in this paper that forensic science laboratories play an important role in the
fight against crime. Unfortunately, this role is either being neglected or not taken seriously,
especially at the level of policy making. Another, complimentary argument is that forensic
science laboratories need to be better involved in the fight against crime. For this to be achieved,
a good level of cooperation should be established and maintained. It is also noted that
harmonization is required for such cooperation and seeking accreditation according to an
internationally acceptable standard, such as ISO/IEC 17025, will eventually bring harmonization
as an end result.
First, forensic science and its relation to criminology and crime prevention will be
illustrated by giving examples from several academic research topics and partnership projects.
The purpose is to show that forensic science does, in fact, play a role in the fight against crime.
The background of forensic science cooperation in Europe will be explained by using an
existing European forensic science network in order to understand the current status of forensic
science in Europe better. The Council of Europe and the European Union approaches to forensic
science will be discussed by looking at the legal instruments and documents published by these
two European organizations. Then, data collected from 52 European forensic science laboratories
will be examined and findings will be evaluated from a quality assurance and accreditation point
of view.
The need for harmonization and accreditation in forensic science and the relation/difference
between these two terms will be emphasized. The steps that should be taken at the European
level for increasing and strengthening the role of European forensic science laboratories in the
fight against crime will be given as recommendations in the conclusion.
Key words: Forensic science, criminology, crime prevention, accreditation, ISO/IEC 17025.

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Introduction
In 2003-2004, in the United Kingdom, 428 rape cases, 162 murder/manslaughter cases,
8558 kidnapping cases, and 8294 domestic burglary cases were linked to one or more suspects,
thanks to forensic DNA technology1. It is quite clear that approximately 36 rape, 14 murder, 713
kidnapping, and 691 burglary cases are solved each month. But, are the measurements and
calibrations used in such technology scientifically valid? Are laboratories using this technology
competent and able to generate technically valid results? What criteria should be applied for
European forensic science laboratories so as to ascertain their competence in an area of freedom,
security and justice2?
In a time where the European Union (EU) is taking measures towards harmonizing legal
procedures of the member states in areas such as the definition of criminal offences and evidence
admissibility, in the long term, methods for handling and examining crime scene evidence should
be harmonized as well. Since forensic science laboratories are the organizations handling these
tasks, and since this paper is interested mainly in Europe, the conclusion of this paper will
attempt to answer the question How can the role of European forensic science institutes be
increased and strengthened in the fight against crime? Some of the questions that will have to be
dealt with will be What is the relationship between forensic science and criminology?, Why is
accreditation needed for forensic science?, and What support, if any, do European forensic
science institutes need? In the quest for answers to these questions, hypotheses like forensic
science plays a role in the fight against crime and there is a relationship between forensic
science and crime prevention will be examined. Starting from this standpoint, it is argued that
achieving accreditation is the best means possible for increasing and strengthening the role of
forensic science laboratories in order to get them better involved in the fight against crime.
ENFSI, European Network of Forensic Science Institutes, having seen the need, is working
hard to encourage all its member institutes to become accredited. According to a recent survey
by the ENFSI Standing Committee on Quality and Competence (QCC), there are 20 accredited
ENFSI laboratories. However the documents that the accreditation is based on show some
diversity 3 . The most common document is ISO/IEC 17025 international standard issued by
International Organization for Standardization (ISO) and the International Electrotechnical
Commission (IEC)4.
The fact that there are 32 non-accredited laboratories shows that some sort of a harmonized
path towards accreditation remains to be established. It is also argued that the idea behind the
necessity of accreditation for forensic science institutes is to strengthen their neglected role in the
fight against crime, or in other words, crime prevention. To solidify this standpoint, a potential
relationship between forensic science and crime prevention will be brought forward.

1
The National DNA Database annual report (2003-2004). Retrieved July 10, 2005 from
http://www.forensic.gov.uk/forensic_t/inside/about/docs/NDNAD_AR_3_4.pdf
2
An area which is provided for in the EU Treaties as a necessary corollary of the freedom of movement which exists
within the European Union.
3
Matveinen, K., (2005, April), Survey on accreditation and the adoption of ENFSI policies, ENFSI Quality and
Competence Liaison Group Meeting, Krakow, Poland.
4
ISO/IEC 17025:1999. General Requirements for the Competence of Testing and Calibration Laboratories,
International Organization for Standardization, Geneva, Switzerland.

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

It is important to emphasize here that this paper deals with the accreditation of forensic
science laboratories only, not of forensic scientists/experts. Although being a frequently debated
and interesting topic among forensic science communities across Europe, it might be another
field of research unto itself.
In order to set up a general action framework for accreditation and quality assurance in
forensic science, firstly the diversity of the nature of forensic science institutes in Europe will be
discussed and the potential obstacles towards accreditation will be determined. The structural
and organizational diversity of the laboratories will be examined by studying the answers given
to a questionnaire that has been prepared and sent out to all ENFSI Member Institutes in late
2004 by the ENFSI Secretariat. Some issues on accreditation will also be brought forward based
on the same questionnaire.
1. Forensic science and the fight against crime
The fight against crime requires well-established crime prevention and, ultimately,
reduction strategies. There is a lot of research and literature on crime prevention and it is a
diverse subject area under criminology. Criminology and forensic science are generally thought
to be two different fields of science far apart while analysis of crime requires them both to work
together. In order to illustrate this point, a sample of projects, collaborations and academic
programmes, as well as some definitions and descriptions of the scopes of the related concepts
will be given in this section.
Although it is not necessary to go too much into crime prevention at this stage, it might
help to operationalize the definition of crime prevention. To serve the purpose of this paper
better, The European Union (EU) sense of crime prevention will be used5.
To illustrate better the relationship between forensic science and crime prevention, it will
be helpful to begin with a relation at a higher level between forensic science and criminology.
1.1.

Forensic science and criminology

Anglia Polytechnic University 6 and Keele University in United Kingdom are two
universities that offer programs in Forensic Science and Criminology. This supports our
argument that there is a relationship between forensic science and criminology.
Keele University, when describing this course, titled mix it up, puts the relation this
way:
this combination provides complementary study in both the scientific and sociological
understanding of crime, detection, justice and punishment. Criminology covers the interrelation
between law, crime and society in a wide range of contexts. Forensic Science focuses on the role
of the scientific method in the detection of crime and in bringing criminals to justice. 7

A detailed scope of what EU defines as crime prevention will be given later in this paper in 2.2.1 where EU
general legal framework on police cooperation is discussed.
6
Combined Forensic Science program. Anglia Polytechnic University web-page. Retrieved August 12, 2005 from
http://web.apu.ac.uk/appsci/chemistry/forensic.htm
7
Undergraduate Prospectus 2006. Keele University web-page. Retrieved August 12, 2005 from
http://www.keele.ac.uk/undergraduate/prospectus/2006/textonly/dhcourses/forensic.htm

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

It is also implied that this course gives the students opportunity towards coupling the strong
tradition in qualitative approaches favored by criminology with the rigorous, quantitative skills
developed within forensic science
Another example can be given at this stage to illustrate more clearly what is meant by this
potential, but organically non-existent, relation.
In a report released by Australias New South Wales Attorney Generals Departments
Bureau of Crime Statistics and Research (BOCSAR), in 2004, it was declared that a pilot police
operation called Vendas, designed to reduce forcible entry and motor vehicle theft by making
more effective use of crime scene forensic evidence had not been successful8. It is not failure that
should be focused upon here but use of forensic science as a means for a crime reduction, control
and consequently, prevention strategy. As noted in this report, the lack of impact on crime trends
does not mean that forensic crime scene evidence is unimportant in controlling crime. Catching
repeat offenders is a very important crime control strategy, and the collection and analysis of
forensic evidence is an important component of that strategy.
It is an undeniable fact that both criminology and forensic science carry out their own
research and study on one denominator, and that happens to be crime. Having said that, it is easy
to understand why these two multidisciplinary fields of science have overlapping fields of
interest.
A look at the definitions of these two terms will probably broaden our understanding a
little bit more.
According to Paul L. Kirk, Criminalistics is a discipline based on natural science and is
concerned with the study of physical objects and physical facts relevant to the crime, from which
a reconstruction and understanding of the crime may be developed9
Inman and Rudin relate forensic science and criminalistics together by giving one
definition by California Association of Criminalists (CAC) as:
That professional occupation concerned with the scientific analysis and examination
of physical evidence, its interpretation, and its presentation in court. It involves the
application of principles, techniques and methods of the physical sciences and has as
its primary objective a determination of physical facts which may be significant in
legal cases.10
Our purpose here is to show that the terms criminalistics and forensic science can be
used interchangeably. To make our point better understood, a narrow definition of forensic
science could be helpful. According to Cobb, forensic science is a term which, in general usage,
is applied more narrowly to the use of science in the investigation of crime by the police and by

Jones, C. & Weatherburn, D. (2004). Evaluating Police Operations (1): A Process and outcome evaluation of
operation vendas. p. 3. Retrieved August 12, 2005 from
http://www.lawlink.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/r53.pdf/$file/r53.pdf#target='_blank'
9
Kirk, P.L. (1975). Criminalistics. In Peterson, J.L. (Ed.). Forensic Science: Scientific Investigation in Criminal
Justice. p.111. New York: AMS Press.
10
Inman, K., & Rudin, N. (2001). Principle and practice of criminalistics: The profession of forensic science, p.11.
Florida: CRC Press.

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

the courts as evidence in resolving the issue in any subsequent trial. 11 Based on the above
definitions of these two terms, we can derive that they, more or less, refer to the same
phenomenon. The reason we chose to include both terms here instead of only one is our desire to
imply the relationship between forensic science and criminology starting from the terms
themselves, that is criminalistics and criminology.
It is quite obvious that there are many definitions of criminology. Without going too
much into detail, we intend to use a somewhat broader definition given by Schmalleger, which
says that criminology is the scientific study of crime and criminal behavior, including their
manifestations, causes, legal aspects, and control. Criminology includes considerations of
possible solutions to the problem of crime.12
It is clear from different definitions of the two terms given above that crime is the focal
point, not only in the definitions but also in the word origins. Without the phenomenon of crime,
both of these two fields of science will not have much to study upon. It is not only the
definitions that overlap, but also the areas of operation. Criminology simply operates in an area
that covers before, during and after the crime whereas forensic science covers the area slightly
before and long after the crime. This fact, in itself, might constitute a reason towards closer
cooperation between these two fields of science that will result in a stronger relationship.
1.2.

Analysis of crime

It has been illustrated in a study that forensic case data can be used to provide intelligence
for crime and then this intelligence can be used by the interested parties to focus on crime in
concentrated geographical areas or inside certain time frames 13 . In turn, these data can be
scrutinized to help reveal potentially linked crimes. It has also been concluded that this whole
process can be systematically applied as a crime analysis method and as an investigative tool. It
is from this perspective that there occurs to be a new context of operation for the forensic science
laboratories that are enticed by intelligence led policing14.
One example can be given to illustrate how intelligence gathered through analysis of
crime can help forecast crime. OVER is the name of a project and collaboration between United
Kingdom West Midlands Police, the Centre for Adaptive Systems, and University of Sunderland
Psychology Division. This project is culminated with the production of a piece of software
developed to assist the Police with the high volume of crime and burglary in dwelling houses.
This software package incorporates a range of sophisticated trending, matching and predictive
capabilities, including the ability to predict whether or not a property will be revictimized;
predicts the time frame within which revictimization will take place, develops profiles of
offenders; using the offender profiles, reveals which unsolved crimes could be attributed to a
certain offender; and, for a given victimization, provides a rank ordered list of possible offenders
based on offender profiles15.
11
Cobb, P. (1998). Forensic Science. In White, P. (Ed.), Crime Scene To Court: The Essentials Of Forensic Science,
p. 2. Cambridge: Royal Society of Chemistry.
12
Schmalleger, F. (1996). Criminology Today, p. 13. New Jersey: Prentice Hall.
13
Margot, P., Mizrahi, S., Clivaz, V. (2003). Forensic intelligence and crime analysis, Law, Probability and Risk, 2.
pp. 47-60.
14
Walsh, S. J., Roux, C., Ross, A., Ribaux, O. & Buckleton, J.S. (2002). Forensic DNA Profiling: beyond
identification , Law Enforcement Forum, 2, 13-21.
15
Oatleya, G. C. & Ewart, B. W. (2003). Crimes analysis software: pins in maps, clustering and Bayes net
prediction, Expert Systems with Applications, 25. pp. 569588.

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

According to the results of the limited study in Margot et al., the physical traces can also
contribute to the identification of crime concentrations that are commonly known as hot spots.
These concentrations are generally geographic, but they can be temporal as well, indicating, such
as, an increased incidence of a certain crime in a given time-frame. It is quite clear in this context
that traces like fingerprints, DNA, shoe marks and tool marks, which are some of the basic
evidence for forensic examinations, contribute positively to the identification of hot spots and
consequently to the analysis of crime through intelligence.
At this point, trying to see if forensic science laboratories play a role in proactive actions
against crime might bring about a different perspective. Forensic science laboratories are
generally known for their conventional use, that is reactive investigation of individual acts after
the event. According to a study carried out by Tilley and Ford in the United Kingdom,
...It is worth stressing the potential that repeat victimization may offer for proactive
use of forensic science. Patterns of repeat victimization show that those victimised in
many crime categories, such as domestic and commercial burglary, are at increased risk
of further victimization particularly in the short term. Moreover, the enhanced risk
grows as the number of victimizations goes up. This clearly offers scope for targeted
proactive use of forensic science to assist in the apprehension of offenders, for example
through the use of unique markers. 16
This opinion, in some way, supports the idea put forward by Margot et al. that forensic trace
evidence can be an effective tool in the analysis of crime in general.
There is another study also in United Kingdom, in which the Jill Dando Institute of Crime
Science works in a partnership with the West Midlands Police, Local Authority of Sandwell and
the Government Office of West Midlands to create a Crime Science Laboratory17. One of the
strategies adopted by this institute is preventing crime from happening in the first place by
reducing opportunity based on systematic and methodological analysis of diverse data sources
and crime patterns. Another strategy is catching offenders quickly by putting emphasis on
forensic intelligence using multidisciplinary approaches and diverse data sources. This
partnership uses an already established database of police information and evidence named
Force Linked Intelligence System (FLINTS). The purpose of the partnership is to demonstrate
how information and evidence led approaches, supported by new analytical techniques, can make
a positive difference to the development and delivery of crime reduction strategies.
1.3.

Crime science

When we look at the etymology of the word criminology we see that it comes from Latin
crimin- or crimen- meaning crime, and Italian -logia meaning science, study. This gives it
the very basic meaning of the scientific study of crime. Although, from etymological point of
view, it carries the exact same meaning with criminology, another term, science of crime or
crime science has come into use very recently. It is noteworthy to take a look at this new term
and try to see if it has any connection with forensic science.

16
Tilley, N. & Ford, A. (1996). Forensic science and crime investigation. In Police Research Group Crime detection
and prevention series-Paper 73, London: Home Office Publication. p.32.
17
Jill Dando Institute of Crime Science web-page. Retrieved August 12, 2005 from
http://www.jdi.ucl.ac.uk/research/current_research/index.php#3

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Particularly in the last couple of years there have been published several scientific articles
and some books in which the words technology, criminology and crime science are seen
together 18, 19,20 . The center of the debate in these publications seems to be the necessity of
transformation for criminological theory in order to adapt itself to new crime environment
brought about by rapidly changing technology especially in the area of crime control and
prevention.
It is argued in one of these articles that new technologies (internet, for example) create
completely new environments in which traditional crimes like fraud, identity theft, and child
pornography can take new forms. It is also said that, on the other hand, technology is also
delivering new ways to control crime, including facial recognition software, global positioning
devices, radio-frequency identification tags, etc. 21
Clarke, in this study, also states that businesses and industry have played a major role in
creating crime. Therefore businesses and industry became victims and began to look for
reduction, control and prevention of crime. He goes on to argue that
criminologists of the future will no longer be able to neglect business. They must play
their part in evaluating and improving security practice, in designing out crime from
products and practices and in helping business protect employees and customers from
victimization It will also require criminologists to find ways of undertaking and
publishing research without compromising business confidentiality and without harming
profits. In future, it is quite possible that business will loom as large in criminology as the
criminal justice system does today.
That radical change in the nature and environment of crime, to which traditional
criminology doesnt seem to pay much attention seems to be the reason why Clarke favors the
idea of establishing a department of crime science in some universities. Therefore he
concludes by saying that
So, in future there could be two separate but related disciplines in the universities
criminology and crime science serving distinct missions. This could be more realistic in
the short term than seeking to change criminology, but it would hold up the supply of the
scientifically trained people we need to help in controlling forms of serious crime, such
as terrorism and transnational organized crime. Much better would be for more
criminologists to transform themselves to meet this urgent need.
To show that Clarke is not the only academic who is concerned with the impact of
technology on crime and criminology, one particular conference is worth mentioning. The title of
the conference is Crime and Technology: new frontiers for legislation, law enforcement and
research, held in Courmayeur, Italy on 28-30 November 2003 and was organized by
18

Farrell, G., Bowers, K., & Johnson, S.D. (2004). Cost-benefit analysis for crime science: making cost-benefit
analysis useful through a portfolio of outcomes. In M. Smith and N. Tilley (eds.) Launching Crime Science. London:
Willan Publishing.
19
Laycock, G. (2005). Defining crime science. In Smith, M.J. & Tilley, N. (Eds.), Crime science: New approaches
to preventing and detecting crime, (p. 9), Devon: Willan Publishing.
20
Savona, E. U. (Ed.) (2004). Crime and Technology New Frontiers for Regulation, Law Enforcement and Research.
Netherlands: Springer.
21
Clarke, R.V. (2004). Technology, criminology and crime science, European Journal on Criminal Policy and
Research, 10. pp. 55-63.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

International Scientific and Professional Advisory Council of the United Nations Crime
Prevention and Criminal Justice Programme
It brought together some seventy experts to discuss how to address the consequences of
the exploitation of technology for criminal purposes. The topics of the conference were the
impact of technology on crime, new challenges for law enforcement and new challenges for
research and new paths for developing curricula. The central questions of conference were "How
do crime and criminals change because of technology?" and "What are the challenges offered
that could make the fight against cyber criminals more effective and reduce the opportunities for
computer crimes and computer-related crimes?.
To illustrate better the necessity of a crime science notion, some of the conclusions
drawn at the end of this conference can be given as follows:
Information and communication (IC) technologies are increasing the opportunities for
crime and reducing its risk. In the clean society, more and more people use the Internet;
in the dirty society, more and more criminals use technologies to invent new criminal
businesses, improve the opportunities offered by technologies to conduct criminal
businesses, reduce the risk of getting caught and exploit the anonymity offered by the
Internet.
The answers to the many problems and challenges issued by the link between crime
and technology could lay in a closer co-operation between law enforcement and applied
research. Law enforcement uses technologies for detecting crime and criminals.
Researchers develop new paradigms and methods that could be useful in reducing
opportunities for crime and finding evidence that can be brought to court.22
From the central questions and final conclusions, we can see that the principle of reducing
opportunity remains unchanged no matter how technological crime gets. In turn, situational
crime prevention and problem-oriented policing should be placed into the center of the debate.
High technology brings along increased opportunity for crime and to tackle this problem, crime
prevention strategies that are designed for and oriented towards reducing such opportunity shall
play an important role. This is where forensic science comes into play, especially for
contributing to the intelligence led policing approach, first by collecting forensic intelligence
data from the crime scene or through crime mapping and hot spot techniques, and secondly by
analyzing the collected data by using state-of-the-art forensic science technology.
The crime science might also play a role on the bridge that we are trying to build between
forensic science and criminology so far. According to Laycock, criminology, together with
forensic science, is a discipline with special claims of relevance to crime science. Criminology
has its roots in the social sciences while forensic science has its roots in the physical sciences.
Laycock also points out that both of these disciplines are not only relevant but vital to this new
approach of crime science. Furthermore, the focus on crime reduction offered by crime science,
and the explicit encouragement for the involvement of other scientific approaches will add value
to both criminology and forensic science23.

22
23

Savona, E. U. (2004). Editorial, European Journal on Criminal Policy and Research 10. pp. 12.
Laycock, G. (2005) p. 9.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

1.4.

Forensic science and crime prevention

Giving some practical examples from applied crime prevention strategies might help us
understand how forensic science plays a role in crime prevention and, thus, criminology and how
it might relate to the newly emerging field of crime science.
Poisoning had been an attractive type of crime until the 1940s. It was attractive because
of its ease in administration and difficulty in detecting. People were afraid of poisons and
poisoning due to some sort of ignorant belief that the nature of poisons was known by only a few
and means of identification were very limited. Because of these disturbing effects, toxicology
advanced rapidly. Henceforth, it was the field of toxicology, a forensic science discipline, which
made available the means to identify a poison from very small samples, therefore making an
attack by poisoning probably the most startling, but yet rarely remarked upon success in crime
prevention. This was done by showing in a deterrent way that potential offenders were faced
with almost certain identification and capture. It was startling because the case of poisoning is
one of the very few cases where a deterrent, in this case the certainty of capture through forensic
knowledge, actually did work24.
Another effort to use forensic science outside its traditional framework comes from
Australia. In some police districts of this country the tactical investigation groups have
manifested themselves as Burglary Reduction Teams (BRT). The BRTs acted as a focused
response to burglary offences and included forensic and intelligence operations. Each Team has
the goal of physically responding to every reported burglary offence. And in Albany the BRT
consists of a four person team, including a trained and experienced investigator and a forensic
officer25.
One more example can be given from money laundering, a diverse type of crime which is
more technology laden and most often transnational, organized crime and terrorism related in
nature. In the foreword of a book on financial investigation of crime26 it is said that
preventative effects can be reinforced (i) by requirements on financial and other
vulnerable institutions and professions to report large cash and/or suspicious
transactions to specialized police or administrative intelligence units; and (ii) by
proceeds of crime confiscation or forfeiture laws that are intended to incapacitate both
individuals and criminal organizations from accumulating substantial criminal capital
and the socio-economic power that accrues from this.
It is also argued that
both of these prevention strategies depend on the identification and forensic
attribution of crime-money (and, in the terrorist finance arena, the even more
problematic category of money intended for terrorist purposes). In this respect, it is
24
Walsh, D.P. (1994). The Obsolescence of Crime Forms. In Clarke, R. V. (Ed.), Crime Prevention Studies,
(Volume 2) New York: Criminal Justice Press. pp. 152-153.
25
Parliament of Western Australia Select Committee. (1999). Crime Prevention Final Report, p.6. Retrieved August
12, 2005 from
http://www.parliament.wa.gov.au/parliament/commit.nsf/(Report+Lookup+by+Com+ID)/7BE542B90B93DA4E482
56800000543C6/$file/Final.pdf
26
Levi, M. (2001). Foreword. In Duyne, P.C.V., Pheijffer, M., Kuijl, H.G., Dijk, A.T.H.V., Bakker, G.J.C.M. (Eds.),
Financial Investigation of Crime: A tool of the integral law enforcement approach, The Hague: Koninklijke
Vermande.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

crucial to appreciate that money laundering needs only to be as good as the effort that is
put into identifying it close to the act or offender.
This final sentence we quoted here shows the importance of the identification effect and it
is already known that identification is the job of forensic science.
Another point inside the above mentioned foreword helps us establish a link towards
situational crime prevention through an opportunity reduction approach. It is argued that the
control philosophy underlying the criminalization of money laundering
is that if the opportunity to pretend that ones wealth is legitimate can be effectively
denied, the motivation for continued crime and the political/social threat from rich
individual criminals and crime groups is considerably reduced.
This self explanatory sentence represents the same approach that situational crime
prevention aims to achieve, that of opportunity reduction. To make the link to forensic science
wont be easy but considering what deters money launderers, that is, identification and forensic
attribution of crime-money might help.
2. Forensic science in Europe
After theorizing the relevance of forensic science in crime prevention and criminology, we
can begin to take a closer look at the situation of forensic science in Europe. An effective crime
prevention role by forensic science laboratories requires concerted cooperation among the
forensic science laboratories. Looking at the background and basis of forensic science
cooperation inside the EU and Council of Europe (CoE) legal instruments provides a better
understanding of such a need for a better cooperation among European forensic science
laboratories.
2.1.

Background

2.1.1.

Forensic Science Cooperation and initiative in Europe

At present, ENFSI (European Network of Forensic Science Institutes), an organization in


which there is at least one member institute from every EU member state except Malta and
Luxembourg and also from every EU candidate country, with a total of 53 institutes from 31
countries, is the only organized EU-related network in Europe that tries to take measures against
crime from a forensic science point of view. ENFSI has several years of experience in the
diverse areas of harmonization of techniques, exchange of information, DNA databases, quality
assurance and accreditation.
ENFSI primarily tried to establish cooperation with the Police Cooperation Working
Group (PCWG) of the EU Council and also with the EU Commission Directorate General of
Justice Freedom and Security. Since 1997, the ENFSI Board representatives met with
representatives of each EU presidency. These meetings were usually meant to survey whether
there is potential for concrete cooperation. So far the PCWG has drafted two Council resolutions
and one Council recommendation based on work done in and by ENFSI. Two resolutions were
on DNA in 1997 and 2001, and one recommendation was on drug sampling in 2004. The
contents of these resolutions will be mentioned in the section on legal instruments.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

With the EU Commission, the contacts seem more recent and intensified. So far, ENFSI
has supported the Commission in the preparation of a document called Communication from
the Commission to the European Parliament and the Council, enhancing police and customs cooperation in the EU.
In addition to the legal instruments mentioned above, one initiative by the Kingdom of
Sweden, with a view to adopting a Justice and Home Affairs (JHA) council decision on special
forensic profiling analyses of seized synthetic drugs, can also be given as an example to show
how advances in forensic science have been encouraged at the EU level.
As regards the status of forensic science at the CoE level, there is not much to be said.
The only legislative document that touches upon a forensic science related topic, but does not
contain the word forensic, is one recommendation on uniform rules for medico-legal autopsies.
Although there are many CoE documents on crime prevention, they do not seem to contain the
word forensic anywhere. Although the name forensic is not being used, again, one other
CoE recommendation on the use of DNA within the framework of the criminal justice system is
closely related with the scope of forensic DNA analysis.
The relevance of these legal documents and some others with forensic science and ENFSI
will be outlined in section 2.2.
2.1.2.

About ENFSI27

In 1992 the directors of Western European governmental forensic laboratories agreed that
they should hold regular meetings to discuss topics of mutual interest. At the first meeting in
1993 at Rijswijk in the Netherlands 11 laboratories were represented. The laboratory
representatives met again in 1994 in Linkping, Sweden when a provisional Memorandum of
Understanding (MoU) was endorsed. At that early stage, it was agreed that membership of
ENFSI would be open to countries from the whole of Europe.
On October 20, 1995 a further meeting was organized at the same place of the original
meeting: the Gerechtelijk Laboratorium (Rijswijk - the Netherlands). This was the Founding
Meeting and is considered to be the official birthday of ENFSI. Here the founders of ENFSI
signed the MoU governing the operation of the Network, the first regular Board was elected and
the logo (the European eye) was introduced. At the Annual Meeting of 1999 in Moscow, the first
constitution for ENFSI was accepted by the membership and the basis for the current structure
was laid28.
According to this Constitution the aim of ENFSI is to ensure that the quality of
development and delivery of forensic science throughout Europe is at the forefront of the world.
Membership is the highest authority and it consists of permanent representatives (preferably
directors) of the Member institutes. Decisions on the membership are taken in a Business
Meeting held after annual meetings. ENFSI has a board of 5 members including a Chair Person
and Chair Person designate. Board has a managerial role and is responsible for developing
ENFSI policies. It is guided by frameworks, plans and budgets approved by the membership.

27

ENFSI Web-page. Retrieved July 10, 2005 from www.enfsi.org


ENFSI Constitution. Retrieved August 12, 2005 from www.enfsi.org/documents/constitution/attach/BRD-GEN002-003-constitution.pdf
28

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

ENFSI has committees that coordinate and oversee some specific tasks, and assist and
give reports to the board. There are scientific working groups that coordinate and exchange
information in specific forensic fields of expertise. ENFSI has also liaison officers who are
appointed by and give report to the Board. They are responsible for establishing and maintaining
optimal contact with relevant external bodies, for example, the EU.
Eligibility for Membership is confined to forensic institutes in Europe that cover a broad
area of forensic investigations, have a credible status, a minimum number of staff and have
achieved a recognized quality assurance level. Also, institutes that are considered to be beneficial
to ENFSI can be invited to join ENFSI as Member-institutes.
ENFSI shows the importance it attaches to the issue of accreditation in a policy document
it issued in 16 June 2005, by saying that:
ENFSI wishes to promote consistent and reliable scientific evidence through the whole
forensic process from scene of incident to court. As one part of this aim, it is the policy of
ENFSI that all member laboratories should have achieved or should be taking steps
towards ISO/IEC 17025 compliant accreditation for their laboratory testing activities.
The scope of the accreditation should aim to include the frequently performed
examinations at the individual member laboratory. 29
2.1.3.

Promotion of forensic science in the EU

Forensic science is considered to be one of the areas that need to be developed in the
countries which were at the EU accession stage. For example, in line with accession priorities,
the 1999 Phare 30 National Programme in Estonia had a budget of 2.5 million for the
development of police criminalistics and forensic sciences. The Sixth Framework Programme31
(FP6) was established based on the Treaty on the European Union (TEU) and is aimed at
strengthening the scientific and technological bases of the European industry. When FP6 is
examined, it can easily be seen that aspects of metrology, biology and biometrics are the areas in
forensic science that found their places among other research fields. There are several research
groups from the EU Forensic Community that work under this programme.
One project like this is called Biometrics for Secure Authentication 32 , a so-called
network of excellence under which many institutes from the academic and forensic community
come together. Another sister FP6 project is Biometrics and Security33 which is also interested
in identity authentication biometrics and studies areas like novel 3D face and hand methods,
noise-cancellation based voice verification methods, as well as emphasis on multimodal
biometrics, such as face-voice and iris-finger combinations used together with advanced
classification methodology. It is important to state that universities along with industry and
29

ENFSI Policy document on the standards of accreditation. Retrieved August 12, 2005 from
www.enfsi.org/documents/acr/attach/QCC-ACR-001-003.pdf
30
Phare Web-page. Retrieved August 12, 2005 from http://europa.eu.int/comm/enlargement/pas/phare/intro.htm
31
Sixth Framework Programme Web-page. Retrieved August 12, 2005 from
http://europa.eu.int/comm/research/fp6/index_en.cfm?p=0
32
BIOSECURE web-page. Retrieved August 12, 2005 from http://dbs.cordis.lu/fepcgi/srchidadb?ACTION=D&SESSION=114952005-812&DOC=1&TBL=EN_PROJ&RCN=EP_CT_D:Network%20of%20Excellence&CALLER=FP6_PROJ
33
BIOSEC web-page. Retrieved August 12, 2005 from http://dbs.cordis.lu/fepcgi/srchidadb?ACTION=D&SESSION=125022005-812&DOC=1&TBL=EN_PROJ&RCN=EP_CT_D:Integrated%20Project&CALLER=FP6_PROJ

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

officials from law enforcement agencies and forensic science institutes work closely together in
order to provide a secure identity authentication.
It has also been known that the EU Commission has been supporting scientific and
technological co-operation centered on this problem for a number of years. During the Fifth
Framework Programme, the Union invested almost 35 million in projects relating to combating
food fraud, industrial counterfeiting, anti-doping measures, as well as forensics in particular
techniques for identifying criminals and detecting forged currency. The Sixth Framework
Programme also covered all these aspects metrology, biology, and the analysis of food safety
and its traceability in its research priorities34.
2.2.

Relevant legal instruments

In order to give a better understanding of the legal status of forensic science at the
European level, some of the CoE and EU legal instruments, most of which were quoted in
different parts of this paper, will be briefly explained in this section. First, we will try to fit
forensic science into the greater scheme of crime prevention by scanning some general EU legal
documents.
2.2.1.

General EU Legal Perspective

According to the Title VI, Article 30 of the Treaty of Amsterdam, common action in the
field of police cooperation should include:
cooperation and joint initiatives in training, the exchange of liaison officers,
secondments, the use of equipment, and forensic research
and
operational cooperation between the competent authorities, including the police,
customs and other specialized law enforcement services of the member states in relation to
the prevention, detection and investigation of criminal offences
After the European Council meeting in Tampere, Finland, on 15-16 October 1999, it was
decided that there was a need to strengthen the network of the national authorities responsible for
crime prevention35. The Council of the European Union decided on 28 May 200136, to set up the
European Crime Prevention Network, basing this decision on the political agreement at the
Council Meeting in March 2001. Article 1.3 of this Council Decision describes the scope of
crime prevention as follows:
Crime prevention covers all measures that are intended to reduce or otherwise
contribute to reducing crime and citizens feeling of insecurity, both quantitatively
and qualitatively, either through directly deterring criminal activities or through
policies and interventions designed to reduce the potential for crime and the causes of
crime. It includes work by government, competent authorities, criminal justice
agencies, local authorities, and the specialist associations they have set up in Europe,
the private and voluntary sectors, researchers and the public, supported by the media.
34

The scientist and the inspector. (2003, November). RTD Info Magazine on European Research, p.15.
Presidency conclusions, Tampere European Council, 15-16 October 1999. Retrieved August 12, 2005
www.europarl.eu.int/summits/tam_en.htm
36
Council Decision of 28 May 2001 setting up a European crime prevention network, Official Journal of the
European Communities, (2001/427/JHA), OJ L 153, pp. 1-3.
35

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Following the November 2000 Communication on crime prevention 37 , the Union has
adopted two instruments to co-fund co-operation projects among member states in the field of
crime prevention, Hippokrates38 in 2001 and AGIS39 in 2002. These programmes are aimed at
encouraging the co-operation between all the public and private organizations in the member
states involved in the prevention of crime.
Although crime prevention has found such a solid ground in EU legal instruments,
forensic science laboratories, which could easily be considered as specialized law enforcement
services and/or specialist associations in the sense mentioned in the EU legal instruments above,
seem to be neglected whereas sociological and criminological aspects of crime prevention take
precedence.
2.2.2.

European Evidence Warrant

The commission presented a proposal for a council framework decision on the European
Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal
matters on 14 November 2003 40 . In order to sustain an effective harmonization of forensic
evidence examination methodology, evidence in question should have been obtained in a rightful
manner. Some aspects of the European evidence warrant system are worth mentioning at this
stage.
This proposal is a further piece in the complex jigsaw puzzle which the system of police
and judicial cooperation will have to complete if the area of freedom, security and justice without
internal borders is to come into being. Freedom of movement (a cornerstone of the single market)
may pose a threat to public safety if the crime-prevention authorities are restricted to the territory
of their Member State. The first and most important instrument which has so far been adopted is
the Council framework decision of 13 June 2002 on the European arrest warrant and surrender
procedures between the member states41.
The subsequent framework decision of 22 July 2003, on the execution in the European
Union of orders freezing property or evidence established the mutual recognition of decisions
intended to prevent the destruction, removal and concealment of evidence, whilst the transfer
thereof continues to be governed by the legal-assistance procedure42.
This new proposal for a framework decision contains a provision for the issue of a
European warrant (i.e. a judicial order issued in one Member State to be executed within other
member states) for the purpose of obtaining objects, documents or data for use in criminal
proceedings. This includes objects, documents or data obtained from third parties or as a result of
searching premises, historical data relating to the use of electronic communication networks or of
37

Proposal for a Council Decision establishing a programme of incentives and exchanges, training and cooperation
for the prevention of crime (Hippocrates), COM (2000) 786 final 2000/0304 (CNS).
38
Hippokrates web-page. Retrieved August 12, 2005 from
http://europa.eu.int/comm/justice_home/funding/hippokrates/funding_hippokrates_en.htm
39
AGIS web-page. Retrieved August 12, 2005 from
http://europa.eu.int/comm/justice_home/funding/agis/funding_agis_en.htm
40
Proposal for a Council Framework Decision on the European Evidence Warrant for obtaining objects, documents
and data for use in proceedings in criminal matters, COM(2003) 688 final 2003/0270 (CNS).
41
Council framework decision of 13 June 2002 on the European arrest warrant and the surrender procedures
between member states (2002/584/JHA).
42
Council Framework Decision of 22 July 2003 on the execution in the European Union of orders freezing property
or evidence. Official Journal of the European Communities,2003/577/JHA OJ L 196, 2.8.2003, pp. 45-55.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

services (including financial transactions), records of statements, interrogations and hearings,


extracts from judicial files, and so on.
The European evidence warrant cannot, however, be used in order to initiate action or to
request the performance of investigations (interrogations, hearings, interception of
communications, monitoring or surveillance of individuals, and so on) with a view to obtaining
evidence. It may be used only in order to obtain evidence which is already available in the State
of execution (including records of interrogations and recordings of intercepted communications,
if these were gathered beforehand and are already available in the requested State).
Despite its limited scope, this proposal has the following advantages:
- a judicial order issued by one Member State is recognized directly, without its having to
be converted into a national decision; the European warrant is forwarded directly to the
competent authority for execution (Article 7);
- minimum safeguards are laid down and are applicable to both the issue and the
execution of the warrant (Article 12);
- the warrant is drawn up in a standardized fashion using a single form (Annex to the
proposal for a decision);
- deadlines are set for the recognition and execution of the warrant and the transfer of the
evidence (Article 17);
- grounds for non-recognition or non-execution are laid down and defined (Article 15); in
particular, rules and restrictions apply to the concept of dual criminality (Articles 16 and
24).
It is stated in point 36 of the Presidency conclusions of the Tampere European Council
that The principle of mutual recognition should also apply to pre-trial orders, in particular to
those which would enable competent authorities quickly to secure evidence and to seize assets
which are easily movable; evidence lawfully gathered by one Member States authorities should
be admissible before the courts of other member states, taking into account the standards that
apply there. 43 It is also stated in this warrant as a prerequisite for a criminal case that the
evidence should be quickly secured. And while doing this, necessary precautions should be taken
in order to ensure that evidence is admissible, to prevent its disappearance and to facilitate the
enforcement of search and seizure orders. It is quite obvious that securing evidence quickly is
emphasized both in the above presidency conclusions and inside the warrant, as quoted in the
Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender
procedures between member states.
Although, at first, the European evidence warrant doesnt say anything related with
forensic science, it is important to point out here that securing evidence is the first step towards a
reliable forensic investigation. One of the later steps will probably be the mutual recognition of
forensic expertise reports lawfully prepared by already accredited European forensic institutes,
by all European countries. Although this idea might seem somewhat far-fetched, one similar idea
was already published in Next-wave, a science magazine published in the internet. According
to the author, some form of European certification on the competence of forensic scientists by
ENFSI could be expected in near future. As also pointed out by this author, different forensic
43

Presidency conclusions, Tampere European Council.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

scientists come together every year in already formed ENFSI expert working groups to discuss
the international best practices in different fields of forensic science. Besides, common databases
are built up with all participant laboratories providing reference samples and relevant
information. Furthermore, according to the author, this international cooperation will grow more
and some kind of central European forensic science institute will be established and this institute
will house various highly specialized instruments and experts otherwise too costly for individual
institutes to afford44.
Although this commission proposal could be a good starting point for the argument in the
previous paragraph, it seems that it remained as a proposal since its launch in 2003. However,
increasing acts of terrorism, especially the London bombings of 7 July 2005, seem to be
speeding up the procedure. According to the main results of an extraordinary Council Meeting of
Justice and Home Affairs that was held on 13 July 2005, the Council plans to agree on the
European Evidence Warrant in December 200545.
However, it seems that the general approach to this proposal on European Evidence
Warrant was not less serious before this tragic incident in London. According to the Presidency
Conclusions of Brussels European Council on 16-17 June 2005, the evidence warrant was among
the points that were to be addressed as a priority during the second half of 200546.
Even before the Brussels European Council mentioned above, the discussions on
European Evidence Warrant were well under way. The Justice and Home Affairs council, in its
2642nd meeting in 24 February 2005, had already agreed to a list of 32 offences for which it will
not be possible to invoke double criminality47. This list of offences was the same as that in the
Framework Decision on the European arrest warrant.
2.2.3.

EU Council Resolutions on the exchange of DNA analysis results

The council resolution of 2001 takes into account the work of the ENFSI DNA Working
Group on the harmonization of the DNA markers and DNA technology. This work was funded in
the context of the STOP programme of the European Union pursuant to Council Joint Action of
29 November 1996, establishing an incentive and exchange programme for persons responsible
for combating trade in human beings and the sexual exploitation of children48.

44
Peijl, G.V.D. (2002). Forensic Science: A Dutch and European Perspective. Retrieved August 12, 2005 from
http://nextwave.sciencemag.org/cgi/content/full/2002/06/27/1?
45
Council of the European Union Press Release, Extraordinary Council Meeting, Justice and Home Affairs,
11116/05 (Presse 187), Brussels, 13 July 2005. Retrieved August 12, 2005 from
http://ue.eu.int/ueDocs/cms_Data/docs/pressdata/en/jha/85703.pdf
46
Presidency conclusions Brussels European Council, 16-17 June 2005. Retrieved August 12, 2005 from
http://ue.eu.int/ueDocs/cms_Data/docs/pressdata/en/ec/85349.pdf
47
Council of the European Union Press Release, 2642nd Council Meeting, Justice and Home Affairs, 6228/05
(Presse 28), Brussels, 24 February 2005. Retrieved August 12, 2005 from
http://ue.eu.int/ueDocs/cms_Data/docs/pressData/en/jha/83980.pdf
48
Joint Action of 29 November 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European
Union, establishing an incentive and exchange programme for persons responsible for combating trade in human
beings and the sexual exploitation of children, Official Journal of the European Communities, (96/700/JHA), OJ L
322, pp. 7 - 10.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

The reasons for adopting this resolution can be listed as follows:

DNA analysis has proved to be of significant value for the investigation of crime,
and efficient exchange of DNA analysis results could be improved by the use of
the same DNA markers;

the existence of technical aspects associated with DNA investigation must be


taken into account in the development of cooperation activities;

exchange of DNA analysis results is essential to the fight against crime in a


controlled, efficient and systematic way;

it is appropriate to set out an initial minimum list of DNA markers used in


forensic DNA analysis in member states which could be used in the context of
such exchange.

In the resolution, DNA marker is defined as the locus in a molecule which typically
contains different information as regards different individuals. It lists a number of DNA markers
in annex 1 labeled as European Standard Set (ESS). Member states, then, are invited to use at
least the DNA markers in the ESS, in order to facilitate an exchange of DNA analysis results. It
is also encouraged that member states build up ESS analysis results in accordance with
scientifically tested and approved DNA technology based on studies carried out in the
framework of the DNA Working Group of the ENFSI. Member states are also required to be able
to specify, upon request, the quality requirements and proficiency tests in use49.
The previous resolution on DNA in 1997 similarly emphasizes that exchanging DNA
analysis results may be a way of making a significant contribution to the investigation of crime
and urges member states to exchange their DNA investigation findings. It also notes that, for
exchange of DNA analysis results to be useful, DNA markers need to be standardized. Differing
from the 2001 resolution, it states that further steps with a view to the exchange of DNA analysis
results within the European Union are not possible until there are properly operating databases in
the member states. Therefore it invites member states to consider establishing national DNA
databases.
With a view to exchanging DNA analysis results at the European level, it urges member
states to build up DNA analysis results preferably using the same DNA markers but it doesnt
specify the markers to be used. It also talks about the creation of a network of compatible
national DNA databases and states that the need to establish a European DNA database should
be considered as a second step once the conditions for the exchange of the DNA analysis results
are realized 50 . Although the resolution of 2001 takes things some steps further and sets the
standard markers, it doesnt say anything about a European DNA database. However, from the
wording in these two resolutions, another Council resolution on a European DNA database
seems to be expected in the near future.

49
EU Council Resolution of 25 June 2001 on the exchange of DNA analysis results, Official Journal of the
European Communities, OJ C 187, pp. 1-4.
50
EU Council Resolution of 9 June 1997 on the exchange of DNA analysis results, Official Journal of the
European Communities, OJ C 193, pp. 2-3.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

2.2.4.

EU Council Recommendation on taking samples of seized drugs51

According to this recommendation, considering that one of the objectives of the


European Union is to progressively establish an area of freedom, security and justice, it is
important within that area to comprehensively and effectively combat crime, including crime
related to organized trafficking in drugs. It is similar to council resolutions on DNA in that it
aims to assure the collection, analysis, and dissemination of objective, reliable and comparable
data on the drugs phenomenon as laid down in the European Union Action Plan on Drugs52.
It goes on to say that, according to this action plan, the Member States, through their
forensic science laboratories, should exchange information on the analysis of the samples
collected in synthetic-drug seizures. At this point, it invites member states to develop guidelines
for taking samples and it recommends that member states introduce a system of taking samples
according to internationally accepted guidelines, and to apply these guidelines, in particular in
those cases where the results of the taking of samples is likely to be relevant for other Member
States. For this purpose, it urges member states to consider the ENFSI guidelines of November
2003 on representative drug sampling as a good basis for guaranteeing the procedure for taking
samples53.
2.2.5.
Communication from the Commission on enhancing police and customs
co-operation in the EU54
In this document, a definition of forensic science is given as the examination of crime
scenes, recovery of material evidence, laboratory examinations, interpretation of findings and
presentation of the conclusions for intelligence and investigation purposes, or as evidence in
court. After this definition, the various fields of forensic expertise are listed as toxicology,
serology and DNA profiling, trace evidence (e.g. fire debris, glass, paint, gunshot residues),
firearms and ballistics, handwriting and document examination, fingerprints, marks and
impressions (e.g. tool marks, shoe prints), audio, video and computer analysis, accident
investigation, crime scene investigation and forensic pathology.
Then, quality standards of the forensic science laboratories are questioned by giving an
example from the food, beverages and medicine sector. In these areas, formal bodies are
responsible for verifying that standards of quality are upheld so that the results of laboratory tests
are beyond any reasonable doubt and can be accepted as the basis for usually far-reaching
decisions. In most countries, including the EU Member States, only few formal requirements
regarding quality standards apply to forensic science laboratories.
Concrete quality requirements are given as a first essential step to improve the quality
level of forensic science laboratories in the EU. ISO/IEC 17025 is given as a recommended
standard for the forensic science laboratories. It is also emphasized that the introduction of a
quality assurance system is costly and time-consuming. In this respect, it is reasonable to expect
51

Council Recommendation of 30 March 2004 regarding guidelines for taking samples of seized drugs. Official
Journal of the European Communities, OJ C 086, pp. 10-11.
52
Communication from the Commission to the Council and the European Parliament on a European Union Action
Plan to Combat Drugs (2000 2004). Brussels, 26.05.1999, COM(1999) 239 final. p.13
53
ENFSI Drugs Working Group guidelines on representative drug sampling, version 1.1.2003. Retrieved August 12,
2005 from http://www.enfsi.org/documents/DRUGS-Sampling-001.pdf/attach/DRUGS-Sampling-001.pdf
54
Communication from the Commission to the European Parliament and the Council, Enhancing Police And
Customs Co-Operation In The European Union, Brussels 18.May 2004, COM(2004) 376 final.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

that laboratories have an acceptable time period to comply with these standards and implement
an accredited quality assurance system. Forensic laboratories, the police and judicial authorities
should be strongly encouraged to cooperate only with accredited laboratories. Therefore all EU
member state forensic science laboratories adopting a quality assurance system based on the
standard mentioned is seen as an essential first step in raising the quality of forensic science
laboratories throughout the Union.
ENFSI has also developed into a useful co-operation body for forensic science in the
Union, but since it also comprises members which are not part of the European Union, it is not
possible for the EU to use ENFSI as an official body representing its forensic science interests. It
is therefore advised for ENFSI members of the European Union to constitute a formal sub-group
within ENFSI, with which the European Union could communicate formally.
Although in the relevant part of this 51-page document, ENFSI seeks to form an official
body of the EU handling forensic science related matters, it is not specified how this feat can be
realized. Besides, it is not clear which legal EU procedure should be followed so that the
representatives of the ENFSI laboratories from EU member states constitute a body that EU
could communicate formally.
Additionally, this document does not give any information as to how the EU should
approach to such ENFSI demands. However, the document invites the relevant Council working
parties to re-examine the question of the ENFSIs role in EU co-operation in police and criminal
matters.
2.2.6.

Council Decision on forensic profiling analysis of synthetic drugs55

Based on an initiative by the Kingdom of Sweden, the EU Council decided that a


European system of laboratories shall be set up with the aim of carrying out special forensic
profiling analyses, on samples of seized synthetic drugs for the purpose of the prevention,
detection, investigation and prosecution of criminal offences. For the purpose of this decision,
designated forensic science laboratories will be sent samples of seized synthetic drugs for special
profiling analysis by member states. The results of the analysis will be sent to requesting member
states and Europol for the purpose of establishing potential links among synthetic drugs
confiscated in different parts of the EU. The results of this council decision will be evaluated in
September 2006.
2.2.7.

CoE Recommendation on uniform rules for medico-legal autopsies56

This CoE recommendation can be considered as an initial step taken on the way towards
harmonization of forensic science techniques. However, this seems to be the only CoE legal
document that comes close to the area of forensic science.
Investigations into cases of suspicious death are currently conducted under established
national or local laws and practices. The need to develop international standards to ensure that
investigations into cases of suspicious death are conducted under the best possible conditions is
now becoming more and more important. Much groundwork has already been carried out on this
55

Initiative of the Kingdom of Sweden with a view to adopting a JHA Council Decision establishing a system of
special forensic profiling analysis of synthetic drugs, Official Journal of the European Communities, (2001/C 10/01).
56
Council of Europe, Recommendation No. R (99) 3 of the Committee of Ministers to member states On The
Harmonization Of Medico-Legal Autopsy Rules, Adopted by the Committee of Ministers on 2 February 1999, at the
658th meeting of the Ministers' Deputies.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

subject by various international bodies. For example the European Council of Legal Medicine
have already carried out detailed work on the subject of the harmonization of autopsy rules and a
code of good autopsy practice has been produced57. Interpols Disaster Victim Identification
Guide has now been submitted to 182 Interpol member countries as guidance for the handling
of disasters58. The work of the Minnesota Lawyers International Human Rights Committee led
to the adoption of Principles on the effective prevention and investigation of extra-legal,
arbitrary and summary executions by the United Nations Committee on Crime Prevention and
Control in 199159. The combined evidence of this research underlines the merit in harmonized
procedures for carrying out autopsies and the reporting thereof at a European level. These
standards should include rules on autopsies for all cases falling outside those carried out for
clinical purposes. In addition, it should be noted that in a number of cases, such as accidents,
where the death is due to non-criminal causes, autopsy reports are still necessary and need to be
transferred without any undue delay (for example, if the death occurred abroad). However, in
many cases, it is difficult to understand autopsy reports drawn up abroad due to the different
approaches used in various countries.
Furthermore, due to the difficulties of identifying victims of mass disasters, illegal
executions, and murders committed by authoritarian regimes, there is a growing need to establish,
beyond any doubt, the cause of death in all suspicious cases.
All CoE member states carry out autopsies, but not all have specific and appropriate
legislation regulating this issue. In certain states, the most relevant aspects of an autopsy are
covered by criminal law, while in other states rules relating to autopsy procedures are contained
in specific medico-legal legislation.
Harmonized standards contained in an internationally acceptable legal instrument would
ensure the credibility of medico-legal autopsy reports and be of great use for many reasons at
international as well as at national level. These may, inter alia, include the following:
i. they would ensure that full and comprehensive autopsies be carried out;
ii. they would ensure that autopsy reports be transferable and be made rapidly available
in order to assist the judicial authorities and medico-legal experts in reducing the necessity for
second autopsies when corpses are returned to their country of origin. For this reason all autopsy
documents should be rapidly communicated to the competent authorities;
iii. they would facilitate a second autopsy, should such be necessary;
iv. they would facilitate the identification of risk factors to human life (in particular
environmental, work-related and nutritional) through epidemiological studies at an international
level based on the results of the harmonized autopsies;
v. the autopsy report would become more internationally acceptable and more useful,
being comparable, permitting statistical studies and thus preventive measures;
57

The European Council of Legal Medicine, Harmonization of the performance of the medico-legal autopsy.
Retrieved August 12, 2005 from http://www.irm.unizh.ch/eclm/files/autopsy.pdf
58
Disaster Victim Identification, Interpol web-page. Retrieved August 12, 2005 from
http://www.interpol.int/Public/DisasterVictim/Default.asp
59
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
Office of the United Nations High Commissioner for Human Rights web-page. Retrieved August 12, 2005 from
http://www.unhchr.ch/html/menu3/b/54.htm

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

vi. they would facilitate the identification of persons, be it in isolated cases or in mass
disasters;
vii. they would facilitate international co-operation and contribute to the elucidation of
the causes of death during mass disasters and therefore in certain cases lead to preventive
measures;
viii. in cases of death in custody, an autopsy carried out by independent experts on the
basis of an internationally acceptable legal instrument would be more credible and objective;
ix. in cases of political killings, an internationally acceptable legal instrument on
autopsies would support and protect medico-legal experts and avoid pressure from the authorities
to perform an inadequate autopsy or to give unjustified conclusions;
x. they would improve the level of scientific medico-legal co-operation within a
European framework.
Because of the benefits listed above, such internationally recognized and applied autopsy
rules are therefore seen essential in order to protect fundamental human rights, as well as civil
and social rights. These rules would improve the efficiency of, the prevention of and the fight
against crime and violent death, and improve the good administration of justice60.
If we take out the words like autopsy and medico-legal from the benefits listed above
and replace them with forensic science they would still be meaningful. In such a scenario as
this, we would be shifting the subject of this CoE Recommendation from medico-legal autopsies
to forensic science. being transferable and being made rapidly available, becoming more
internationally acceptable and more useful, facilitating the identification of persons,
facilitating international co-operation, being more credible and objective, and last but not the
least improving the level of scientific medico-legal co-operation within a European framework
are among the benefits that the concept of forensic science harmonization and accreditation is
actually looking for.
2.2.8.

CoE Recommendation on the Use of DNA Analysis61

Another CoE instrument that comes a little bit closer to forensic science than medicolegal autopsies, is on DNA analysis. CoE, has seen that the fight against crime calls for the use of
the most modern and effective methods and that the techniques of DNA analysis can offer
advantages to the criminal justice system, in particular, in the determination of innocence or guilt.
Therefore, it asks from the governments of member states to be guided in their legislation and
policy by the principles and recommendations set out in this recommendation.
This recommendation limits the collection of samples and use of DNA analysis for the
purposes of the identification of a suspect or any other individual within the framework of the
investigation and prosecution of criminal offences.
It also foresees that samples taken for DNA analysis and the information so derived may
be needed for research and statistical purposes and allows such uses under the condition that the
60

Explanatory Memorandum to CoE Recommendation (99) 3 on the Harmonisation of Medico-Legal Autopsy


Rules. Retrieved August 12, 2005 from http://www.unav.es/cdb/ccoerec99-3exp.pdf
61
Council of Europe, Recommendation No. R (92) 1 on the Use of Analysis of Deoxyribonucleic Acid (DNA)
within the Framework of the Criminal Justice System. Adopted by the Committee of Ministers on 10 February 1992
at the 470th meeting of the ministers' deputies.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

identity of the individual cannot be ascertained. It therefore suggests that names or other
identifying references must be removed prior to their use for such purposes.
It emphasizes that DNA analysis is a sophisticated scientific procedure which should only
be performed by laboratories possessing the appropriate facilities and experience and suggests
that the member states should draw up a list of accredited laboratories or institutions which
satisfy the following criteria:
- high professional knowledge and skill, coupled with appropriate quality control
procedures,
- scientific integrity,
- adequate security of the installations and of the substances under investigation,
- adequate safeguards to ensure absolute confidentiality in respect of the identification of
the person to whom the result of the DNA analysis relates,
- guarantees that the conditions laid down by this Recommendation are followed.
It also points out that the member states should institute a means of exercising regular
supervision of their accredited laboratories.
It is common knowledge that DNA analysis for the purpose of identification of a suspect
or any other individual within the framework of the investigation and prosecution of criminal
offences is performed by forensic DNA laboratories. Therefore the fact that the word forensic
does not occur inside this legal text doesnt lessen the importance that CoE is trying to attach to
the accreditation of forensic science laboratories that function for the purpose of identification of
a suspect or any other individual, not only by using DNA analysis but also by using fingerprint,
ballistic, biologic and chemical analysis inter alia.
Differing from EU Council recommendations on DNA, the CoE recommendation deals
with the promotion of standardization of the methods of DNA analysis both at national and
international levels and encourages interlaboratory collaboration in validation of the analytical
and control procedures. On the other hand, similar to EU recommendations, it states that DNA
analysis may be obtained from a laboratory or institution established in another country provided
that the laboratory or institution satisfies all the requirements laid down in this Recommendation.
However, it does not go into technical specifics and talk about which DNA markers should be
used by each member state to facilitate a healthy exchange of analysis results.
As can be seen in all of the legal instruments mentioned in this section, although some
important aspects of forensic science become subject to different types of legal documents at the
European level, it is quite difficult to see any legal instrument with serious binding effect. In
order to get European organizations to produce binding legal instruments in the area of forensic
science, first, European forensic science institutes should show their competence in the fight
against crime. This can be achieved through accreditation which is based on a sound quality
assurance system.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

3. The issue of accreditation


3.1.

Why is it needed?

Forensic science laboratories have a significant role in providing reliable evidence in that
part of a criminal case which starts with the crime scene and ends with a court verdict. That fact
creates great demands for credibility of the outcome of laboratory examinations. The importance
of quality assurance procedures has been gradually recognized in all forensic science laboratories.
The ENFSI Board has approved the Policy Commitment on accreditation in 2002 stating that all
members should have achieved or be taking steps towards the ISO/IEC 17025 compliant
accreditation for their laboratory testing activities or other quality management standards with
equivalent objectives62. Two surveys mapping attitudes towards quality assurance and an interest
in accreditation among the ENFSI laboratories were made earlier in 1993 and 1996.
From the view of this paper, accreditation of forensic science laboratories is one of the
links closer towards the end of a chain of processes. If we start with harmonization of legal
systems at one end, we envision ending that chain with the harmonization of evidence
examination techniques. For example, if we talk about judicial and/or police cooperation in
criminal matters among member states, we see that crime is in the center of this cooperation.
Therefore it seems that every organization that deals with some aspect of crime will have to face
some sort of harmonization at some time, if cooperation is meant to be achieved.
One of the links in this so called chain is the admissibility of evidence. Without this
link one cannot talk about forensic science, let alone its accreditation. Furthermore, it is
important to know at that stage that no matter how admissible in a criminal court the evidence is,
it doesnt carry a meaningful value unless a forensic report of expertise has been submitted.
Therefore it is not speculative to think that approximation of minimum procedural rules in the
member states, as stated in the legal basis of European Evidence Warrant, will bring about some
form of approximation in forensic science services offered by the member states as well. This
approximation will be an end result of accreditation which, at the end, will bring about quality in
the forensic science services offered.
3.2.

ISO/IEC 17025 as a forensic science laboratory standard

Since the most important goal of the forensic science is the uncovering of facts by
making use of observation and research according to scientific principles, the handling of
evidence bears crucial importance. From this point we move onto the operational field of
forensic science, i.e. the laboratories. Thanks to increasing international contacts and networking
in the forensic scientific field since 1990, a sound basis, at present, exists for cooperation in
forensic scientific methods and techniques. The organizations at the managerial level like the
American Society of Crime Laboratory Directors (ASCLD), Senior Managers of Australian and
New Zealand Forensic Laboratories (SMANZFL) and ENFSI form stimulating platforms which
gave directors an opportunity to discuss their concerns and the need for objective and
harmonized methods and techniques in forensic investigation. This development is in parallel
with the current trend towards accreditation that can be observed in the rest of the world of
forensic science.
ISO/IEC 17025, as an international standard, has been a tool that helps forensic science
laboratories in this current trend. Those laboratories seeking ways to exchange information and
62

ENFSI Policy document on the standards of accreditation.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

experience with the other laboratories found what they were looking for in this standard
document. According to the introduction part, ISO/IEC 17025 states that the acceptance of
testing and calibration results between countries should be facilitated if laboratories comply with
this international standard and if they obtain accreditation from bodies which have entered into
mutual recognition agreements with equivalent bodies in other countries using this international
standard. Furthermore, it is emphasized that the use of this international standard will assist in
the harmonization of standards and procedures63.
Since ISO/IEC 17025 wasnt meant to be an international standard just for forensic
science laboratories but also for testing and calibration laboratories in general, there was a need
to adapt its content for forensic science laboratory specificity. International Laboratory
Accreditation Cooperation (ILAC) felt this need and prepared a guide that explains how ISO/IEC
17025 should be implemented by forensic science laboratories. Before giving the specifics of this
special guide, it might provide a better understanding and perspective if we talk some about
ILAC as an organization.
3.2.1.

International Laboratory Accreditation Cooperation64

ILAC is an international cooperation between the various laboratory accreditation


schemes operated throughout the world. Founded twenty years ago, ILAC first started as a
conference in 1978 with the aim of developing international cooperation for facilitating trade by
promotion of the acceptance of accredited test and calibration results. ILAC was formalized as
cooperation in 1996 when 44 national bodies signed an MoU in Amsterdam. This MoU provided
the basis for the further development of the Cooperation and the eventual establishment of a
multilateral recognition agreement between ILAC member bodies.
On 2 November 2000, 36 laboratory accreditation bodies, full members of ILAC, from 28
countries worldwide signed an arrangement in Washington DC to promote the acceptance of
technical test and calibration data for exported goods.
Over 40 laboratory accreditation bodies have signed the multi-lateral, mutual recognition
arrangement (the ILAC Arrangement) to promote the acceptance of accredited test and
calibration data. This ILAC Arrangement provides significant technical underpinning to
international trade. The key to the Arrangement is the developing global network of accredited
testing and calibration laboratories that are assessed and recognized as being competent by ILAC
Arrangement signatory accreditation bodies. The signatories have, in turn, been evaluated by
their peers (against the requirements of ISO Guide 5865) and shown to meet ILACs criteria for
competence. Now that the ILAC Arrangement is in place, governments can take advantage of it
to further develop or enhance trade agreements. The ultimate aim is increased use and
acceptance by industry as well as government of the results from accredited laboratories,
including results from laboratories in other countries. In this way, the free-trade goal of a
product tested once and accepted everywhere can be realized.
As part of its global approach, ILAC also provides advice and assistance to countries that
are in the process of developing their own laboratory accreditation systems. These developing
63

ISO/IEC 17025:1999.
ILAC web-page. Retrieved August 12, 2005 from http://www.ilac.org
65
ISO/IEC Guide 58:1993, Calibration and testing laboratory accreditation systems -- General requirements for
operation and recognition was later replaced by ISO/IEC 17011:2004, Conformity assessment -- General
requirements for accreditation bodies accrediting conformity assessment bodies.
64

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

systems are able to participate in ILAC as associate members, and access the resources of ILAC's
more established members.
In conjunction with ILAC, specific regions have also established their own accreditation
co-operations, notably in Europe (The European co-operation for Accreditation, EA) and the
Asia-Pacific (Asia Pacific Laboratory Accreditation Cooperation, APLAC). These regional cooperations work in harmony with ILAC and are represented on ILACs board of management.
ILAC is encouraging the development of such regional co-operations in other parts of the globe.
Hence ILAC is the worlds principal international forum for the development of laboratory
accreditation practices and procedures, the promotion of laboratory accreditation as a trade
facilitation tool, the assistance of developing accreditation systems, and the recognition of
competent test facilities around the globe.
3.2.2.

ILAC-G19:2002 - Guidelines for Forensic Science Laboratories

This document is intended to provide guidance for laboratories involved in forensic


analysis and examination by providing application of ISO/IEC 17025. It starts by explaining
what forensic science is; it refers to the examination of crime scenes, recovery of evidence,
laboratory examinations, interpretation of findings and presentation of the conclusions reached
for intelligence purposes or for use in court. The activities range from instrumental analysis with
unequivocal results, such as blood alcohol determination and glass refractive index measurement,
to the investigation of suspicious fires and vehicle accidents, to comparison work such as
handwriting and tool mark examination, which is largely subjective in nature but which, with
training, can produce consistent outcomes between different forensic scientists.
Forensic science work involves the examination of a wide range of items and substances.
The techniques adopted in the analysis and examination of forensic material cover a broad range
from visual examination to sophisticated instrumental procedures.
It is anticipated that the majority of the work carried out in forensic science laboratories
will be capable of satisfying the definition of an objective test, although in some instances a
different emphasis may be placed on the particular aspect of control required. The level of
training and experience for staff involved in the work will be dependent on the nature of the
examination or test.
If we take a look at the definition of an objective test, we will see that it is a test which,
having been documented and validated, is under control so that it can be demonstrated that all
appropriately trained staff will obtain the same results within defined limits. Although this
definition can be applied for DNA tests for example, the same cannot easily be said for hand
writing examination and speaker identification inter alia. Due to uncontrollable external factors,
these types of evidence show high degrees of intra-personal (within person) variability. For
example, if a hand writing or audio sample is taken from one individual in different time
intervals, there is an inherent variation and this can sometimes be as high as inter-personal (from
person to person) variability. This is why such analyses are subjective in nature and different
results can be obtained when analyzed by different appropriately trained staff, although they are
performed in a well- documented, validated and controlled manner. With, for example, DNA or
fingerprints it is obvious that intra-personal variability is around nil. Therefore it is normal to
observe that DNA related types of analysis happen to be among the first accredited forensic
analysis techniques.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

As part of a quality system, all laboratories are required to operate a program for the
maintenance and calibration of equipment used in the laboratory. The equipment used in a
forensic science laboratory is diverse and will range across a number of different scientific and
technical disciplines.
It is accepted that forensic science laboratories may not be able to include all of the items
in court statements that are detailed in sub-clause 5.10 of ISO/IEC 17025 as the format of these
documents is prescribed in countries own national legislation. Forensic science laboratories may
therefore elect to adopt one or more of the following means of meeting these requirements.

the preparation of a test report which includes all of the information required by ISO/IEC
17025;

the preparation of an annex to the court statement which includes any additional
information required by ISO/ IEC 17025;

ensuring that the case record relating to a specific investigation contains all the relevant
information required by ISO/ IEC 1702566.

As obviously seen from the outline of this ISO document, not only the complexity of this
chain of processes requires some burdensome collaborative study, but also consumes extra time,
money and, most important of all, manpower. These, in turn, might necessitate a change in not
only middle term staff planning and assignment schemes but also budgetary plans.
3.3.

Problem areas

According to a report prepared by ASCLD, maintaining and increasing professionalism


within the forensic science community requires attention to a wide range of issues. It is stated
that many of these are related to quality and guidelines of good practice. Laboratory
accreditation is not a guarantee against error, but it is a program which requires a laboratory to
evaluate its operations and address issues. According to the same report, personnel resources (1.5
full time equivalents) are needed for participation in accreditation programs along with time
commitment and substantial fees and expenses associated with a laboratorys participation in an
accreditation program. This report calculates the average cost per analyst for proficiency testing
as $500 per year and gives the average fee per accreditation inspection by the largest forensic
laboratory accrediting body in the U.S. as $6,500, exclusive of travel costs. It also adds that
certification comes with a price which includes not only the initial cost of application and testing,
but education requirements necessary for participation67.
However, according to Cassiman, both in preparation for and maintaining the accreditation,
not much expense should be expected. Additionally, once the laboratory is accredited and begins
functioning on a strong quality assurance system and high competence level, it starts saving
money through efficiency. He also points out that the best time for a laboratory to start the
quality assurance and accreditation process is the very beginning of its existence, when it has
fresh personnel and brand new equipment and facilities. This is consistent with what Cassiman
also tells us about the most important requirement in the process of accreditation, the motivation
66

International Laboratory Accreditation Cooperation Guidelines for forensic science laboratories, ILAC-G19:2002.
Retrieved August 12, 2005 from http://www.ilac.org/downloads/Ilac-g19.pdf
67
American Society of Crime Laboratory Directors.(2004). 180-Day Study Report: Status and Needs of United
States Crime Laboratories. pp. iii-iv. Retrieved August 12, 2005, from www.ascld.org/pdf/180dayascldstudy.pdf

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

of and commitment by personnel. It might be true that the new conditions that accreditation will
bring will not necessarily be felt as radical changes by fresh personnel, but it will be felt that way
for personnel of another laboratory which was in business for quite some time68.
Motivation and energy of personnel are the two most important things according to
Dequeker for implementing a quality system, going through the process of accreditation and
maintaining this system. If the laboratory seeking accreditation has a well implemented quality
assurance and management system, it can go through the process of accreditation without need
for additional personnel. All this laboratory needs is one quality coordinator with know-how
skills on related ISO standards. But one badly organized laboratory without much knowledge
about quality assurance might be in need of extra personnel to get the laboratory back on track
towards accreditation. Since the way the laboratories operate should be traceable according to
one of the requirements of ISO IEC/17025 and this traceability can also be achieved through
good organization and documentation of laboratory operation procedures, a well organized
laboratory can have a head start on the way towards accreditation compared with another badly
organized laboratory with not much sense of traceability.69
Another problem is that ISO/IEC 17025 is a standard which can be applied for objective
tests like DNA, drugs analysis etc. but not for subjective tests like speaker identification,
handwriting examination etc. It is almost impossible for a forensic science laboratory which also
performs subjective tests to get accredited as a whole70. Therefore it is more reasonable to talk
about one particular tests accreditation rather than the laboratory which performs this test
among others. When it is known that one particular forensic science laboratory is accredited, the
next question that should be asked is in which forensic tests? It is a misconception to regard an
accredited forensic science laboratory as being competent and capable of generating technically
valid results in every forensic test it performs under its roof.
Although there is not much criticism towards ISO/IEC 17025, some criticism towards
ISO 9000 might also be relevant in the case of accreditation against ISO/IEC 17025. One of the
most frequent criticisms about ISO 9000 is about the formal certification process. Many believe
that this process is too expensive and based on the pursuit of the certificate itself rather than the
quality. Another criticism is based on the fact that the regulation and implementation of the
standards were left to the individual national standards organizations of ISO member countries.
This resulted in variance in the amount of work a company is required to do for certification
according to different national accreditation bodies. To avoid this, some big companies chose to
follow a self-certification method that was based on ISO 9000 standard without pursuing actual
certification.
Other criticisms are that ISO 9000 is not industry specific, too general and fails to address
the unique problems and issues inherent in some industries. If the costs are added into this
picture, it is seen that four major factors generate costs in achieving IS0 certification: time,
training, consultants, and the registration itself. The amount of time needed to become certified
ranges from less than a year to more than two years. It depends on many factors, including a
68

Cassiman, J.J., KUL Department of Human Genetics. Personal communication, June 29, 2005.
Dequeker, E. KUL Department of Human Genetics, Human Mutations and Polymorphisms Section. Personal
communication, July 1, 2005.
70
Standards Council of Canada, (2005), Guidelines for the accreditation of forensic testing laboratories. p. 1.
Retrieved August 12, 2005 from http://www.scc.ca/Asset/iu_files/1578_e.pdf
69

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

companys size and complexity, current level of work quality, extent of current documentation,
and degree of management commitment71.
Commitment by senior management is of vital importance to the success of the whole
accreditation process and according to Gillespie, absence of upper management commitment is
the main reason for the failure of a quality program72. When top management fails to understand
the magnitude of the effort required, failure of the quality project is highly probable according to
the experience of Greek General Chemical State Laboratory. They say in a report that, adding to
already mentioned problems above, the implementation of ISO/IEC 17025 has a tendency to
increase bureaucracy. However, it should be noted that, as also pointed out in the conclusion of
this report, competitiveness and reliability improvement, increased quality awareness, greater
efficiency and teamwork are unequivocally the major advantages of implementation of the
ISO/IEC 17025 standard73
3.4.

The issue of harmonization

What has harmonization got to do with forensic science and its accreditation? In order to
give a satisfying answer to this question, we should first see the link between harmonization and
accreditation. As already stated in section 3.2 above, accreditation against ISO/IEC 17025 makes
harmonization easier. We can talk about a reciprocal relationship here, since it is not clear,
indeed, which should come first: harmonization or accreditation. This is why harmonization is as
necessary as accreditation for forensic science to function more effectively. It can be seen in the
harmonization efforts of several forensic communities that harmonization of methods and
techniques is high on the forensic agenda. Like their American counterparts, such as the
Scientific Working Group for Materials Analysis (SWGMAT) and the Scientific Working Group
for Document Examination (SWGDOC) working under the auspices of the United States (US)
Federal Bureau of Investigation (FBI), and similar groups in Australia and New Zealand, such as
the Scientific Advisory Groups (SAG) operating within the context of SMANZFL, many of the
ENFSI Expert Working Groups, such as Drugs, Fibers, Paint, Firearms and DNA, are actively
involved in drawing up best practice manuals, setting up collaborative tests and education and
training programs and working towards increased harmonization and standardization of methods
and techniques. Importance of these efforts can be better understood if we look at the case of
DNA typing, where throughout Europe, the same markers are used 74 , thereby ensuring that
results from different countries are fully comparable75.
One of the driving forces behind the need for forensic science related harmonization was
cross-border and international criminality, which were accelerated after the disappearance of the
iron curtain in 1989. Another force has been the removal of a considerable part of internal
borders with the integration of the Schengen framework into the EU framework with the signing
of the Amsterdam Treaty on 1 May 1999.
71

Stevenson, T. H. & Barnes, F. C. (2001). Fourteen years of ISO 9000: impact, criticisms, costs, and benefits,
Business Horizons, Volume 44, Issue 3. pp. 45-51.
72
Gillespie, H. (1998). ISO 9000 for the Chemical Process Industry. McGraw-Hill, New York.
73
Vlachos, N. A., Michail, C. & Sotiropoulou, D. (2002). Is ISO/IEC 17025 Accreditation a Benefit or Hindrance to
Testing Laboratories? The Greek Experience, Journal of Food Composition and Analysis, 15:749757.
74
Please refer to EU Council Resolutions on the exchange of DNA analysis results in section 2.2.
75
Broeders, B. (2003, August). Forensic Evidence and International Courts and Tribunals: Why bother, given the
present state of play forensics? 17th International Conference of the International Society for the Reform of
Criminal Law, The Hague, Netherlands.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Although the same driving forces had similar effects in legal forms of harmonization as
well, they will not be a subject to this paper. However there is a need to briefly mention some
aspects here. Before doing so we need to clarify the term harmonization.
Although the word itself might suggest that the forensic laboratories have to use the same
methods and techniques, this is not the case. Every laboratory can choose its own method as long
as it is technically valid and the laboratory itself is competent. The technical validity and
competence are two important characteristics that accreditation against ISO/IEC 17025 brings
along. And once this accreditation is achieved, the use of this international standard will assist in
the harmonization not of methods but of procedures that are used in performing these methods. It
is clear that accreditation makes it easier to harmonize these procedures since, independent of the
method, the documentation, measurement, traceability and calibration procedures will be very
much alike and based on one international standard. This is why we argue that accreditation and
harmonization should go hand-in-hand.
Until recently the idea of harmonization in criminal law and criminal procedure in the EU
or the CoE met with a lot of skepticism, even in the founding states of the European
Communities. There are, nevertheless, growing signs that small steps are being made towards
greater unity. For example the introduction of a European Public Prosecutor's Office from
EUROJUST in order to combat crimes affecting the financial interests of the Union76, in the
Constitution may be considered such a step.
For the sake of illustrating the complexity and applicability of harmonization in our
subject area, i.e. forensic science, a non-forensic example of a successful project might be useful.
A consortium which comprised eleven partners of six European countries and composed of
representatives from railway industry and railway related research institutes were brought
together in a project funded by the EU Commission under the Fifth Framework Programme subsection Competitive and Sustainable Growth77. A team of experts (ergonomists, psychologists,
computer graphic experts) came together to develop a uniform modular train driver's desk (also
called a dashboard) capable of operation throughout Europe. This team traveled through ten
countries and asked engine drivers to demonstrate their professional work in a simulation cabin.
There were many differences found, from the various signs and track gauges outside the cabin to
small details like brakes on left or right inside. Subsequently they made an inventory of
complaints and wishes of the drivers in different countries. On the basis of the data obtained,
they came up with a hardware mock-up of the dashboard. At the end of this three-year project, it
is concluded that the evaluated specifications of this desk concept will serve as an input
document for the future EU standard 78 . One relevant importance here is that many of the
differences and problems found were mostly induced by cultural differences. Another, maybe
more important aspect is that due to the different circumstances, the European Drivers Desk has
optional facilities which are left to be filled in by the national users for the final, national version.
Although this example might be considered as an over-simplification, one cannot
disregard the technical similarities of complex structure and applicability. Therefore it wouldnt
76

Treaty Establishing a Constitution for Europe Article III-274-1.


European Drivers Desk project web-page. Retrieved August 12, 2005 from www.eudd.net/content/start.html
78
FP5 Project Record for European Driver's Desk. Retrieved August 12, 2005 from http://dbs.cordis.lu/fepcgi/srchidadb?ACTION=D&SESSION=212222005-812&DOC=1&TBL=EN_PROJ&RCN=EP_RCN_A:54545&CALLER=PROJ_FP5
77

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

be wrong to conclude that harmonization in forensic science wouldnt be such a feat that denies
potential success.
Another driving force for harmonization was the police influence. Police forces have
been working together via Interpol since 1923. Because of the tasks Interpol fulfils world-wide,
its major interest is in information (data) that can identify persons (e.g. pictures, fingerprints).
Interpol also keeps abreast of recent developments in the forensic sciences, DNA technology and
intelligence databases in particular, because these new developments can be very helpful in
identification of criminals.
In 1996 the Interpol European Regional Conference established the Interpol European
Regional Working Party on DNA Profiling. The working party had two assignments: have a
method developed that will enable international exchange of DNA profiles and promote the use
of DNA profiling technique in criminal investigation in Europe. The Working Party cooperated
closely with three ENFSI working groups, namely DNA, scene of crime and quality assurance,
and reported in May 1998 at the European Regional Conference79. The same report was also
presented at Interpols 67th General Assembly Session in Cairo on 22-27 October 1998. The
general assembly recommended80 that the European Working Group on DNA Profiling should
become a global one responsible for providing recommendations on the use and promotion of
DNA profiling in criminal investigations; and thus the Interpol DNA Monitoring Expert Group
was created81.
DNA profiling, due to its rather infallible nature, seems to be taking the lead among the
other forensic fields of expertise. The way the number of accredited Forensic DNA laboratories
in several European Countries (The Netherlands, Belgium, United Kingdom etc.) by several
European accreditation bodies (RvA Raad voor Accreditatie in the Netherlands, OBE/BKO in
Belgium, UKAS in the United Kingdom etc.) indicates that there will be some other forensic
fields of expertise following this lead. Or most probably the European forensic science
laboratories, who havent done so yet, will try getting accredited according to the more common
standard document, ISO/IEC 17025. Hereby it becomes necessary once more to refer to the
simplified example from railway industry. As stated in the Project Record for European Driver's
Desk, the desk concept will serve as an input document for a future EU standard, which means
there is no standard yet. Considering that forensic science has one internationally acceptable
standard, we can state confidently that forensic science harmonization is in a more advantageous
position than driver desk harmonization.
It is quite clear that harmonization and accreditation are necessary steps that the
European forensic science laboratories should take in order to increase their level of involvement
in the fight against crime from a quality building perspective. Looking at some empirical data
from some of these laboratories might give us some understanding of their own idea of quality
assurance and accreditation.
79

Final report of the Interpol European Regional Working Party on DNA Profiling. 27th European Regional
Conference, Dubrovnik, 13-15 May 1998.
80
Resolution No AGN/67/RES/8, Interpol General Assembly, 67th Session - Cairo - 22nd-27th October 1998.
Retrieved August 12, 2005 from
www.interpol.int/Public/ICPO/GeneralAssembly/AGN67/Resolutions/AGN67RES8.asp
81
Sprangers, W.J.J.M. (2000). Harmonization in the forensic sciences. In Nijboer, J.F., & Sprangers, W.J.J.M.
(Eds.), Harmonization in Forensic Expertise: An Inquiry into the Desirability of and Opportunities for International
Standards, (pp. 13-22), Amsterdam: THELA THESIS.

34

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

4. Analysis based on empirical data from laboratories


In order to better understand the current situation of forensic science laboratories in Europe,
answers given to a questionnaire that was sent out to members of ENFSI were used. It is
important to note here that the questionnaire was originally designed to find out about the current
status of ENFSI member laboratories by ENFSI Secretariat. Therefore the researcher didnt have
any control on the design of this questionnaire. Rather, the data compiled from the replies to the
questionnaire were used for analysis.
Out of 53 ENFSI member forensic science laboratories, replies from 52 were used in this
study since one answer hadnt been received until data analysis began. For the issues of privacy
and secrecy, names of the laboratories and their respective countries will not be given.
The questionnaire asked about several issues including: status in Criminal Justice System,
availability of a quality assurance system, status/expected date of accreditation, accreditation
standard, number of staff and number of cases examined in 200482. The data based on the issues
listed here became the variables that we chose to analyze.
SPSS (Statistical Package for the Social Sciences) 83 software was used to manage and
summarize these data. All the data from the questionnaires were compiled in Microsoft Excel
data sheets first. Then, the variables we chose to examine in depth and compare were transferred
to SPSS for further analysis based on a coding scheme84. In the following section, our findings
based on data summary and some relations between the variables were given.
The data on the types of expertise showed a diverse situation. Although we wanted to
include type of expertise in SPSS analysis, due to its diverse nature it was almost impossible to
compile and categorize this particular type of data. Giving an example might help to illustrate
this complexity. In the questionnaire item 3.3 case type statistics table, questioned documents
and handwriting were listed as separate entries. However, some of the laboratories combined
these two areas of expertise into one and gave one entry as the total of originally two different
data entries. Besides, some of the areas of expertise that were listed as other by some
laboratories included some areas as diverse as odorology85, plant morphology and metallurgy.
Therefore we concluded that this data, area of expertise, is not structured enough to draw some
conclusions.
It was clear also that the data we compiled from the ENFSI questionnaire was not sufficient
because of some inherent constraints. Besides, among the general obstacles that we presented in
this study only the number of personnel was available in our data. If, another questionnaire
designed specifically for researching the status of and obstacles on the path towards accreditation
can be used in a further study, it might be easier to draw more conclusions based on better
structured data. For example, the high level of variety in the types of cases prevented us from
drawing some conclusions about a potential link between the number of case types a laboratory
deals with and quality assurance availability/accreditation. To overcome this hindrance, case
types listed in ILAC-G19:2002 can be used. Some questions probing some other factors that
82

Please see the questionnaire form in Annex 1.


Getting Started with SPSS for Windows, web-page. Retrieved August 12, 2005 from
www.indiana.edu/~statmath/stat/spss/win
84
Please see the coding scheme in Annex 2.
85
Odorology is described as the science which studies the power of odors on human beings emotional reactions
and behavior in http://www.odorology.com/en/index.html.
83

35

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

might also pose as obstacles can be added; for example questions probing the budgetary status of
the participant laboratories can be included for this purpose.
4.1.1.

General structure

The structure and organization of ENFSI member laboratories show a big diversity. While
some are part of the police, others are stand-alone institutes under the responsibility of the
ministry of Home/Internal Affairs or the Ministry of Justice. Most laboratories are governed by
the state and are non-profit organizations, but others work on a commercial basis or may be
linked to the universities86. This situation can be observed in table 1 below.
Table 1
Status in Criminal Justice System
Frequency
Government

Percentage

48

92.3

Academic

5.8

Private

1.9

52

100.0

Total

The status of forensic science laboratories inside the criminal justice system becomes
important when the issue of independence comes into discussion. Based on the data we have, it is
clear that the majority of forensic science laboratories are attached to government organs
hierarchically. However, to determine if this puts their independence at stake, another study that
examines the budget, staff, management and evidence evaluation policies in these laboratories
should be carried out. Saying that government affiliated forensic science laboratories have
independence problems while those affiliated with universities or those which are private are
more independent would require more data than is already available. Besides, article 4.1.5.b of
ISO/IEC 17025 states that:
the laboratory shall have arrangements to ensure that its management and personnel are
free from any undue internal and external commercial, financial and other pressures and
influences that may adversely affect the quality of their work.
Then again, article 4.1.5.d adds that:
the laboratory shall have policies and procedures to avoid involvement in any activities
that would diminish confidence in its competence, impartiality, judgment or operational
integrity.87
As can be seen, the issues of independence and impartiality are two important
characteristics among many others which ISO/IEC 17025 intends to deal with. However, this
shouldnt hold researchers back from doing further study that questions the independence of
forensic science laboratories, accredited and nonaccredited alike.
86
87

Neuteboom, W., ENFSI Secretary, personal communication, October 15, 2004.


ISO/IEC 17025:1999.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

4.1.2.

Quality assurance and accreditation

When we look at Table 2, we see that more than 94 percent of the ENFSI member
laboratories already have a system of quality assurance or are trying to develop one. This is a
good sign especially if we consider that, in its Constitution and in a recent policy document,
ENFSI is coaxing its members into achieving accreditation. The trend here looks promising and
shows how willing and inclined the laboratories are towards using a quality assurance system. It
should also be added that one of the first necessities when one laboratory decides to take the path
towards accreditation is not a big budget or lots of personnel but motivation and determination88.
Table 2
Quality assurance system availability
Frequency

Percentage

Yes

26

50.0

No

5.8

being developed

23

44.2

Total

52

100.0

Nevertheless, before taking the motivation level we derived from table 2 at face value, we
need to take a look at how soon these laboratories intend to achieve accreditation.
According to Table 3, it seems that 34.6 percent of the 52 laboratories intend to achieve
accreditation by 2009. 32.7 percent of not applicable are the laboratories which are already
accredited. Another 32.7 percent didnt provide any schedule for their accreditation plans. This
fact can be regarded as some form of hesitation which is inconsistent with our finding of
motivation based on Table 2. Since the questionnaire didnt ask why the laboratories do not have
a plan for accreditation but develop quality assurance system all the same, we can not tell for
sure if this fact is attributed to just a simple hesitation or some other factor.
Table 3
Expected date of accreditation
Frequency

88

Percent

Cumulative Percent

2005

3.8

3.8

2006

11.5

15.4

2007

11.5

26.9

2008

5.8

32.7

2009

1.9

34.6

not applicable

17

32.7

67.3

no response

17

32.7

100.0

Total

52

100.0

Cassiman, J.J., Personal communication, June 29, 2005.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

When we looked at the situation of already accredited laboratories, we expected for them to
have established quality assurance systems. However, as can be seen in Table 4, in 1 of the 17
accredited laboratories, the quality assurance system is at the stage of development. If we look at
what ISO/IEC 17025 has to say on this finding in our study, we see that this document contains
all of the requirements that testing and calibration laboratories have to meet if they wish to
demonstrate that they operate a quality system, are technically competent, and are able to
generate technically valid results 89 . This means that a laboratory who is still developing its
quality assurance system, can and will not be accredited unless it completes this process of
quality assurance development. This finding could be attributed to a lack of awareness on behalf
of this laboratory about how the system of quality management and accreditation actually works.
This laboratory, on the other hand doesnt give any information regarding the way it was
accredited. Then it might also be probable that this accreditation was not based on ISO/IEC
17025 but on some other standard.
This brings us to another dilemma in our findings. But first, it might be better to address
some of the differences between certifications of quality assurance and accreditation. Actually,
these certifications are two different, but, to some extent related concepts. For example, in the
introduction part, ISO/IEC 17025 states that testing and calibration laboratories that comply
with this international standard will therefore also operate in accordance with ISO 9001 or ISO
9002. It also states that certification against ISO 9001 and ISO 9002 does not, of itself,
demonstrate the competence of the laboratory to produce technically valid data and results; it is
actually ISO/IEC 17025s job to demonstrate just that. The purpose of ISO 9000 series, on the
other hand, is to describe fundamentals of quality management for organizations seeking
advantage through the implementation of a quality management system90.
Table 4
Number of accredited laboratories according to quality assurance system availability
accreditation
yes
Count
quality
assurance
System
availability

no

Column %

Count

Total

Column %

Count

yes

16

94.1%

10

28.6%

26

no

.0%

8.6%

being
developed

5.9%

22

62.9%

23

no response

.0%

.0%

17

100.0%

35

100.0%

52

Total

89

ISO/IEC 17025:1999.
ISO 9000:2000 Quality management systems: Fundamentals and vocabulary. Retrieved August 12, 2005 from
http://www.iso.org/iso/en/CatalogueDetailPage.CatalogueDetail?CSNUMBER=29280&ICS1=3&ICS2=120&ICS3
=10
90

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Table 5 shows the standard documents that the respondents base their accreditation on. The
results indicate that 2 laboratories are accredited by ISO 9001 and ISO 9002. Another striking
fact in this table is that 5 laboratories are involved with national regulation and it is not clear if
these regulations have anything to do with either ISO/IEC 17025 or ISO 9001/9002.
This shows that the way accreditation is perceived by ENFSI member laboratories also
shows some diversity. Therefore, the terms and meanings attributed to quality assurance and
accreditation should be more clearly defined both at the member laboratories and ENFSI level.
Unless there becomes a common understanding of accreditation, its purpose, and how it should
be pursued, all efforts would obviously be in vain.
Table 5
Accreditation standards implemented by the laboratories

Frequency

Cumulative
Percentage

Percentage

ISO/IEC 17025

17.3

17.3

ISO 9001:2000

1.9

19.2

ISO 9002

1.9

21.2

National
Regulation

9.6

30.8

35

67.3

98.1

1.9

100.0

52

100.0

Not applicable
no response
Total

This also shows the level of importance that has been attached to the idea of accreditation.
It is clear that not all member laboratories of ENFSI are taking this issue equally seriously. This
might be regarded as one of the obstacles expected on the way towards accreditation: peoples
resistance to change and dependence on old habits. It is certain that, especially for laboratories
that are not familiar with quality management, let alone accreditation, it might be quite difficult
and sometimes frustrating to deal with the heavy burden that the accreditation process will bring.
This might be the sole reason why the commitment, not only by staff but especially by senior
management, is a must on a healthy transition to accreditation.
Since we are interested in the accreditation status of not only all European forensic
laboratories but particularly with those from EU member states as well, we also needed to check
the status of accreditation in EU forensic science laboratories.

39

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Figure-1 Accreditation status according to EU membership.


EU Membership

100.0%

EU member
Non-EU member
Candidate country

Percent

80.0%

60.0%

40.0%

20.0%

0.0%
yes

no

accreditation

It is quite clear from Figure 1 that more than 60 percent of the EU forensic science
laboratories are not accredited. Additionally none of the laboratories from EU candidate
countries is accredited. If we take a look at the situation of quality system availability in the EU
and candidate countries in Figure-2 below, we see that a system of quality assurance is at the
stage of development in approximately 40 percent and does not exist in approximately 5 percent
of the EU forensic laboratories. For candidate countries forensic science laboratories, almost 10
percent do not have a quality assurance system whereas more than 80 percent are at the stage of
development.
Figure-2 Quality assurance availability according to EU membership.
EU Membership

100.0%

EU member
Non-EU member
Candidate country

Percent

80.0%

60.0%

40.0%

20.0%

0.0%
yes

no

being developed

QA System availability

40

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

To test whether the need for extra personnel to achieve and maintain quality management
systems and accreditation might hold true for the data we have, we took a look at the relationship
between total number of personnel and quality assurance system availability/accreditation status.
In figure 3, from the pattern visible for yes, it can be deduced that the number of
laboratories that operate a quality assurance system increases as the total number of personnel
increases. From the pattern for being developed, we can deduce that as the total number of
personnel increases, the number of laboratories at the stage of developing a quality assurance
system decreases. Since we do not see any green (111 thru 214) or beige (more than 214) bars in
the no group, we might reason that this decrease in quality assurance system availability is
because the rest of the laboratories with 111 or more personnel have already developed their
system of quality assurance.
Figure-3 Quality assurance availability according to total number of personnel.
total number of
personnel

70.0%

less than or equal


to 110
111 thru 214

60.0%

more than 214


no response

Percent

50.0%

40.0%

30.0%

20.0%

10.0%

0.0%
yes

no

being developed

QA System availability

Besides, another result that supports our conclusions is the fact that only laboratories that
have 110 or less personnel have approximately 15 percent that do not have a quality assurance
system. The laboratories with 111 or more personnel either have already developed their quality
assurance system or are at the stage of development.
When we look at the accreditation status in terms of total number of personnel in Figure 4,
we see a somewhat different picture. It is clear that the lowest number of accredited laboratories
and the highest number of nonaccredited laboratories are those having the lowest number of
personnel. This finding is in consistence with ASCLD report mentioned in section 3.3, which
says that full time equivalent personnel resources are needed for participation in accreditation
programs.

41

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

Figure-4 Accreditation status according to total number of personnel.


total number of
personnel

100.0%

less than or equal


to 110
111 thru 214
more than 214

Percent

80.0%

no response

60.0%

40.0%

20.0%

0.0%
yes

no

accreditation

However, the same finding cannot be held valid for the laboratories with the highest
number of personnel since they are second highest among both accredited and nonaccredited
laboratories. This fluctuation in the pattern regarding the relationship between total number of
personnel and quality assurance system availability/accreditation status might be a sign of
another factor rather than number of personnel, which poses a problem on the path towards
accreditation. Therefore, before taking this relationship at face value, some other factors like
budget, location of the laboratory, status of the facilities (old/new) might also need to be
considered.
According to the results of data analysis, in Table 4 above, we see that approximately 67 %
of European forensic science laboratories examined in this study are not accredited. This number
is approximately 65 % in the case of EU forensic science laboratories in Figure 1. It is clear from
this picture that accreditation is a big issue that should be tackled to facilitate cooperation in
police and criminal matters and help involve forensic science better in the fight against crime. It
is not only the high percentage of nonaccredited laboratories that shows the need for a well
coordinated action at European level for the accreditation of forensic science laboratories.
Additionally, we see in figure 2 that almost 10 percent of candidate countries forensic science
laboratories do not have a quality assurance system whereas more than 80 percent are at the stage
of development. This is another sign that points to the need of a concerted and supportive action
at the EU level.
If we look at the situation of already accredited laboratories in Table 5, we see that the
standard that some of them base their accreditation is not actually an accreditation standard. And
in Table 4, one laboratory points out that it is accredited without having a quality assurance
system, which is quite unusual according to ISO/IEC 17025. This shows that the idea of quality
assurance and accreditation brings about confusion among some forensic science laboratories in
Europe. That is why it is foreseen at the end of this study that some form of an action at the

42

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

European level might be a good start in the field of forensic science due to its gradually rising
importance in cooperation in criminal and police matters.
5. Conclusion and recommendations
As we have tried to demonstrate, forensic science is gaining some solid ground in the area
of effective crime prevention, especially in the areas where more sophisticated use of available
technology is prevalent. In an era where rapid response is a very effective proactive weapon
against all forms of crimes, the role of forensic science can not be denied. The increase in the
acts of terrorism require an all-fronts fight in which every possible way of enforcing the rule of
law and protecting security interests of all citizens should be re-evaluated. Individualization of
traces of evidence left at the scenes of crime, especially those based on fingerprints and DNA,
can be made in a matter of seconds and transferred to any nation on Earth in approximately the
same amount of time, thanks to the state of the art technology science provides. All it takes is
high level cooperation among nations, especially in the areas of police and criminal matters.
Harmonization is needed at many different levels where cooperation is meant to be
achieved. For the scope of this paper, we need to talk about harmonization in forensic science;
which might produce results from different forensic science laboratories in Europe to be valid for
use in other European countries. For example, all countries must use the same DNA-markers. If
not, it will be impossible to exchange DNA-profiles between countries, no matter how fast or
reliable the technology gets.
Harmonization should not necessarily mean the standardization of every aspect of forensic
science where each and every forensic science laboratory uses the same methods, instruments
and technology with same procedures. Every laboratory should be free to choose its own forensic
method as long as it is scientifically valid and that the laboratory itself is competent. Therefore
laboratories should prove that their results are scientifically valid and they are competent in the
forensic analyses they perform. This is where ISO/IEC 17025, an internationally acceptable
standard of accreditation can take the lead and help laboratories establish their quality assurance
system and demonstrate that they are technically competent and are able to generate
scientifically valid results. It is the use of this international standard that will facilitate
cooperation between laboratories and assist in the harmonization of procedures.
It is obvious that cooperation in criminal matters should be extended down to the level of
forensic science institutes which are an integral part of the specialized law enforcement services.
Title VI, Article 30 of EU Treaty of Amsterdam gives these services a special importance in
operational cooperation between the competent authorities in relation to the prevention, detection
and investigation of criminal offences. A well-grounded co-operation does indeed require a good
harmonization process along with accreditation, without which the outcome of operational
cooperation between the competent authorities, including the police, customs and other
specialized law enforcement services becomes nearly useless. This, naturally, places a heavy
burden on the budgets of the forensic science institutes. Manpower will be needed in order to
perform all this work in addition to the normal casework, quality assurance, etc. Investment in
new or improved equipment might often be necessary.
At the same time, we must keep in mind that more objective and harmonized methods can
reduce the operational costs of a forensic institute. The benefits can even be greater if we take

43

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

into account the fact that automated and computerized investigation techniques can accelerate
investigations and help guide the police in the direction of the most promising aspects of
investigation.
As was implied before, near the end of section 2.2.2 above, a European forensic
expertise report is what we might expect to get at the end of all this enthusiasm towards
accreditation. Harmonization in criminal law, European evidence warrant, CoE guidelines on
medico-legal autopsies, building internationally accessible DNA databases, ENFSI quality
assurance policies; all of these painstaking efforts seem to guide European forensic science
laboratories into producing one European forensic expertise report that will be technically
valid in all EU Member States. The necessity of accreditation is quite clear at such a point where
competence of laboratories and validity of European forensic expertise report will have to be
questioned. Additionally, it is also clear that the role of forensic science laboratories is actually
increasing at a fast pace in police cooperation especially in the crime prevention. This can be
observed not only in the legal instruments of the EU but also in the academic research field of
crime reduction and prevention. This brings more emphasis on the quality of the work done by
forensic science laboratories.
However, when we look at the activity regarding the role of forensic science at the level of
policy making, what we see is nothing more than council resolutions, recommendations or
common action plans which do not have any legal binding effect. In order for European forensic
science laboratories to assume their role as an effective preventive and pro-active tool against
transborder crime, more concrete measures are needed. One such proposed measure that didnt
seem to find its target is the establishment of a forensic science center under the auspices of
Europol. According to Kube and Dahlenburg:
Europol should assume an important initiating, supportive and coordinating function in
the field of forensic science as well. It is also essential to ensure that effective existing
international networks, such as ENFSI in particular, are taken into account in the strategic
planning of this Europol function91
The justifications of establishing a forensic science center inside Europol, an already
existing, effective EU Justice and Home Affairs agency, are clearly defined and structured in this
article that was published in 2000. Since no such center for forensic science has been set up
inside Europol or any other EU agency so far, we are free to speculate that forensic science does
not get the attention it deserves in the eyes of EU policy makers.
As also pointed out in the article mentioned above, with its current status and possibilities,
ENFSI is in no place to enforce accreditation through the ISO/IEC 17025 standard document. In
order for ENFSI to ensure that the quality of development and delivery of forensic science
throughout Europe is at the forefront of the world as described in its Constitution, it is
inevitable to help its member institutes get accredited in the quickest and healthiest means
possible. The first priority could be given to the member institutes from EU member and
candidate states. Because, when compared with the CoE approach to forensic science, the EU is
seemingly more productive to some extent. For this feat to be realized, it is clear that ENFSI
needs some high level assistance. Henceforth, it is considered at the end of this research study
91

Kube, E. & Dahlenburg R. (2000). Europol and forensic science. In Nijboer, J.F., & Sprangers, W.J.J.M. (Eds.),
Harmonization in Forensic Expertise: An Inquiry into the Desirability of and Opportunities for International
Standards, Amsterdam: THELA THESIS; pp. 99-106.

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The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

that the following actions may prove useful for providing better involvement for European
forensic science laboratories in the fight against crime:
i. In the short term a feasibility study shall be initiated by the EU Commission in
collaboration with ENFSI, in order to see if a European Forensic Science Agency needs
to be set up for the purpose of producing a higher European standard for forensic science
and its effective uses in crime prevention.
ii. In the middle term, according to the result of the feasibility study;
a. if it is concluded that there is actually a need for such an agency, the commission
shall initiate the secondary legislation procedure that will result in a European
Forensic Science Agency being established.
b. if it is determined that there is no need for such an agency, the commission,
alternatively, prepare a proposal for a Council Decision on financing and
supporting the EU forensic science laboratories accreditation activities in
connection with the operational cooperation between specialized law enforcement
services 92
Probably not as an alternative to the actions above, but as an additional measure that can
help speed up quality assurance and accreditation efforts of forensic science laboratories,
compliance specifically with ISO/IEC 17025 could be made compulsory, for example in the
Council Decision mentioned in ii-b above. This would not be the sole example of such
compliance since the Commission Recommendation of 1 March 2005 concerning a coordinated
programme for the official control of foodstuffs for 2005 does the same on a different topic.
According to this recommendation, it is provided that the official laboratories in member states,
as referred to in Article 7 of Directive 89/397/EEC, are to comply with the criteria set out in
European Standard EN 45000 series, which is, now, replaced by ISO/IEC 17025:200093. This
example can also be applied to forensic science laboratories within the EU.
The diverse structure among European forensic science laboratories, as illustrated in our
findings based on empirical data gathered from 52 different European forensic science
laboratories, might pose as an obstacle before establishing a harmonized action plan for
accreditation and quality assurance. Besides, the data analyzed in this study covers only 52
European forensic laboratories, which are ENFSI members. These laboratories are among the
larger and better organized of all European forensic laboratories, the correct number of which is
not known. Therefore, we can deduce that the issue of quality assurance and accreditation might
be a bigger problem for these other European forensic science laboratories.
This diversity mentioned in the previous paragraph also comes forth as another reason why
accreditation of forensic science laboratories should not only be supported but also coordinated
in a rightful manner. This obstacle can also be used as an opportunity like in the example of the
European Union with its well known motto: unity in diversity in which unity is promoted
while diversity has been preserved. The same philosophy can be applied in the case of forensic
science laboratories which operate on many different traditions, just like Europe itself. However,
it is apparent that low level, non-binding legislation that can be observed in CoE and EU
92

Common action in the field of police cooperation, Title VI, Article 30 of the Treaty of Amsterdam.
Commission Recommendation of 1 March 2005 concerning a coordinated programme for the official control of
foodstuffs for 2005. Official Journal of the European Communities, L 059 , 05/03/2005. pp. 27- 39.

93

45

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

approach to the role of forensic science in the fight against crime so far has not been fruitful. For
a better involvement of forensic science in the fight against crime, the quality of European
forensic science should achieve higher standards and, for this to happen more effectively,
binding legislation at the European level is definitely and urgently needed.

46

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

ANNEX 1 - ENFSI Questionnaire Form


1. APPLICANT FACTS
1.1
Name of Institute (full name + abbreviation):

1.2
Address:
Street
Post box
Zip Code .. City ......
Country
Telephone .
Fax .
E-mail
Website
1.3
Official Member-institutes representative (preferably the director):

1.4
If the official Member-institutes representative is not the director, give position or function in the
Institute of the official Member-institutes representative:

1.5
Institutes membership of other national/international forensic science organizations/networks:

2. POSITION IN CRIMINAL JUSTICE SYSTEM


2.1
Status of the Institute (e.g. part of government or police force, etc.):

2.2
Supply a diagram showing the relationship with other criminal justice agencies.
2.3
Institutions with similar functions in the country?
Yes o
No o
2.4
If yes, please give details on the other institutions (including their positions in the criminal justice
system, sizes and differences of the areas of work) and the relations between your Institute and the
others.

47

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

2.5
If applicable, add a diagram showing these relations.
3. ORGANIZATION CHART
3.1
Supply a diagram showing the structure of the Institute
3.2
Main duties of the Institute: add a description of the casework disciplines in terms of the broad
range of work and level of work undertaken e.g. analytical tests or more complex cases):

3.3
Statistics on the casework undertaken over the last two years

Case type

Year 2003
Annual
Number
caseload of
qualified
experts

*Manyears
per
year

Year 2004
Annual
caseload

Number
of
qualified
experts

* Manyears
per
year

Digital Imaging
DNA
Drugs
Questioned
document
Fingerprint
Handwriting
Fibres
Firearm
Fire and Explosion
Information
Technology
Speech and Audio
Marks
Paint
Road Accident
Scenes of Crime
Explosives
**
* If an expert works in several areas then give a figure for the amount of time he spends at each special
area, e.g. situation when two experts work in the area. If one of them works full time, another works half
time, then they together do for work corresponding to 1,5 man-years.
** Other areas
3.4
Does the Institute have a Quality Assurance system?
Yes o
No o
Presently in the process of developing o

48

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

3.5
Is the Institute accredited?
Yes o
No o
3.6
If yes, please add a copy of the accreditation certificate and a list of accredited methods.
3.7
If no, please add a documented overview of the concrete plans towards accreditation e.g. an
application form submitted to the national Accreditation Body, correspondence with the national
Accreditation Body, the Institutes timeframe for the accreditation process, the schedule for
internal QA-assessments, etc.
4. PERSONNEL
4.1
Total number of employees in the Institute (including management, scientific staff and supporting
staff):

4.2
Number of scientists in the Institute and their academic and professional qualifications:
Academic degree
Dr / PhD
Master
Bachelor
Any other higher level education (university diploma
without academic degree etc.)
Non-academic experts

Number of scientists in the Institute

5. CREDIBILITY
Show the Institutes credibility by adding an overview of the clients/customers (e.g.
police/prosecutors/judges/others) to whom the Institutes expert reports were submitted in the past
two years, a reference to national legislation describing the position of the Institute in the judicial
system, etc.

49

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

ANNEX 2 - ENFSI Questionnaire Coding scheme


Variable name

value labels

1. representative

1.
2.
99.

director
other
no response

2. organizational membership

1.
2.
99.

yes
no
no response

3. status in CJS

1.
2.
3.
99.

Government
Academic
Private
no response

4. similar institutes

1.
2.
99.

Yes
No
no response

5. QA System availability

1.
2.
3.
99.

Yes
No
being developed
no response

6. accreditation

1.
2.
99.

Yes
No
no response

7. expected date of accreditation

1.
2.
3.
4.
5.
8.
99.

2005
2006
2007
2008
2009
Not applicable
no response

8. standard document

1.
2.
3.
4.
8.
99.

ISO EN17025
ISO 9001:2000
ISO 9002
National Regulation
Not applicable
no response

50

The Role of European Forensic Science Institutes in The Fight Against Crime: How to Get Them Better Involved

9. number of scientific staff


1
2
3
4
recoding: <=45 / 46 thru 104 / >=105 / 9999 - 9999
10. total number of personnel
1
2
3
4
recoding: <=110 / 111 thru 214 / >=215 / 9999 - 9999
11. percentage of scientific staff
1
2
3
4
recoding: <=33 / 34 thru 68 / >=69 / 999 - 999
12. total number of cases in 2004 transfer number or 999999
1
2
3
4
recoding: <8000 / 8000 thru 20000 / >20000 / 9999999 - 9999999
13. origin of lab

1.
2.
3.

EU member
Non-EU member
Candidate country

51

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